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Employment Law

If first disability accommodation doesn’t work, keep trying to find one that does

10/03/2018
The aim is to arrive at an accommodation that satisfies both the employer and the worker. But don’t think that once you have agreed on the accommodation, that’s the end of the matter.

Carefully consider duties and time spent performing them when classifying employees

10/03/2018
Exempt employees don’t qualify for overtime, of course. That makes it tempting to classify as many positions as possible as exempt. But if you get that wrong, you could lose big in court.

Document why you decided to hire candidate

10/03/2018
A simple truth: Any candidate who doesn’t get a job might sue, alleging some form of discrimination. It’s best to simply assume that, at some point, you will have to explain to a judge exactly why the applicant you picked was the best person for the job.

Arbitration agreement format details matter

10/03/2018
Do you prefer to resolve employment-related disputes through arbitration instead of the court system? Then it’s quite likely that you include an arbitration agreement in your employment application. However, if you don’t get the wording just right, you may not be able to force a case into arbitration.

Missed payrolls add up to FLSA violations in Riverside, Calif.

10/03/2018
A U.S. Department of Labor investigation found that Carnegie Schools Riverside, a private Christian school, failed to make several payrolls to teachers, substitute teachers, coaches, administrative aides and cafeteria workers.

Supreme Court starts new term with age discrimination case

10/02/2018
At issue in Mount Lemmon Fire District v. Guido is whether the Age Discrimination in Employment Act applies to state and local government agencies with fewer than 20 employees.

ADA: Document interactive accommodations discussions

09/27/2018
To avoid later claims that no accommodation was offered, it makes sense to put your reasonable accommodation offer in writing, and have the employee accept or reject the offer. That creates a clear paper trail showing your efforts and the results.

ACLU targets social media recruiting ads

09/27/2018
Before you sign up for an online advertising program, consider the potential pitfalls—including whether organizations like the American Civil Liberties Union might claim your social media outreach campaign is discriminatory.

Are your noncompete agreements too broad?

09/27/2018
If your organization makes extensive use of noncompete agreements or is considering implementing them to prevent employees from jumping ship in this hot economy, it’s time to reconsider.

Under MFLSA, double damages mandatory

09/25/2018
Under the Minnesota Fair Labor Standards Act, employers found to have underpaid workers by not paying the state minimum wage or by not calculating overtime correctly must pay workers what they are owed. The MFLSA also provides for a penalty of doubling the amount owed.