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Employment Law

DOL seeks to permanently rescind organized labor ‘persuader rule’

06/12/2017
The U.S. Department of Labor has announced plans to rescind a rule that would have required employers and labor-management “persuaders” to report contact with workers during union organizing campaigns.

Acosta: DOL to begin new round of OT rules revision

06/12/2017
Brace yourself for an epic do-over of the salary-threshold rules that determine which white-collar workers are eligible for overtime pay.

DOL pulls Obama-era wage & hour guidance

06/12/2017
The U.S. Department of Labor is pulling the plug on two pieces of informal guidance affecting independent contractor misclassification and joint employment that were issued during the Obama administration.

Invest in a timely, thorough investigation, or prepare to pay big damage award

06/12/2017
When employees complain about potential workplace discrimination and harassment, smart employers take it seriously. Nothing short of a thorough investigation will do. If you drop the ball and don’t take quick action, it could wind up costing your organization dearly.

No guarantee of same job after FMLA leave

06/08/2017
You may have to promote someone from within to do the work of the employee who has taken FMLA leave. But what about the employee who took FMLA leave? Isn’t he entitled to return to his old job? Not necessarily, as long as you can place him in an “equivalent” job with the same benefits and pay.

Beware rescinding religious accommodation! You will probably have to explain why in court

06/07/2017
Employers should carefully document the process by which they deny or approve a religious accommodation. In particular, granting a request and then deciding to revoke it later may make it more difficult to defend in court.

Liability is murky, but employers should still take measures to protect personal data

06/07/2017
Can an employer be held liable for any damage that results from a data breach that leads to identity theft?

Teach managers: No complaining about FMLA

06/07/2017
Make sure all supervisors understand that they must never criticize employees for taking FMLA leave. For employees who need to care for their own serious health condition or that of a close relative, FMLA leave is a right, not a privilege.

Lawsuit: Flight attendants harassed for union roles

06/07/2017
An American Airlines flight attendant based in Philadelphia and a colleague from North Carolina are suing, claiming the airline failed to police online forums and Facebook pages it controls, permitting other employees to harass the women for their union activities.

What does ADA say about accommodation when employee has communicable disease?

06/06/2017
Q. We discovered that a beloved member of our kitchen staff has hepatitis A. I know that many protections exist for individuals with disabilities, but we are worried about him handling food. Can we reassign him to the front of the house as a host?