Employers need an attack plan and must begin to think creatively to address every situation that arises in the workplace to protect themselves from increasingly popular FRD claims. Here's how.
An in-depth discussion of two recent decisions about the sufficiency of FMLA notices.
On July 1, after a three-month bench trial, a state court judge in Minnesota ruled that in failing to provide rest breaks, Wal-Mart broke state labor laws more than 2 million times. Judge Robert King Jr. awarded $6.5 million in compensatory damages to the class, which consists of about 56,000 Wal-Mart employees in Minnesota.
In order to minimize the legal risks presented by telecommuting employees, a prudent employer will enter into written agreements with its telecommuting employees, setting forth the obligations and expectations of each party involved in the telecommuting relationship.
This article focuses on key legal duties engendered by telecommuting arrangements; the significant legal risks triggered by regular or periodic work-at-home arrangements; and practical steps employers can take to mitigate these risks.
This article does not attempt to provide a comprehensive list of every issue that telecommuting presents, but rather, examines some of the most important issues in the following four areas: employee status for tax purposes; wage and hour; reasonable accommodation under the ADA; and workers' compensation.
In a pair of workplace discrimination cases, the Supreme Court on May 27 made it easier for workers to sue employers who retaliate against them for reporting bias.
Retaliation claims are on the rise. Commonly brought under state or federal discrimination laws, wage/hour laws, Sarbanes-Oxley, or other regulatory schemes, such claims are becoming more prevalent. One likely reason for the rise in such claims is that they are viable even when the claim of discrimination or illegal conduct that underlies the alleged retaliation is determined not to have merit. This article contains savvy advice for employers.
Unwary employers, particularly federal contractors or subcontractors, who do not regularly review their own compensation practices, remain at risk for costly litigation. Here's why.
Navigating the treacherous waters of federal employment law is not easy. Well-intentioned employers can unknowingly violate some of the more complicated (albeit well-known) laws like the Family & Medical Leave Act and the Americans With Disabilities Act due to a lack of familiarity with the applicable regulations or the case law interpreting them. When an employer has operations in multiple jurisdictions, the analysis becomes even more complex due to circuit splits on pivotal issues.
