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Employment Law

COBRA coverage continues even if carrier changes

09/22/2016
Employees who elect to continue their health insurance coverage after a work separation get to maintain that coverage even if the employer switches plans.

Loading freight is key to FLSA exclusion

09/22/2016
Some positions aren’t covered by the Fair Labor Standards Act because they are specifically excluded and covered by other laws – for example, the Motor Carrier Act.

Retaliation? Not if you can prove you would have fired anyone else

09/22/2016
Don’t despair if you need to fire the worker for reasons unrelated to her EEOC complaint.

NLRB to hospital: It’s time we had a talk

09/22/2016
The National Labor Relations Board, which enforces the National Labor Relations Act, has issued an order telling a Minnesota employer to hold a “talk” with employees about their rights to unionize.

Double jeopardy: 2 lawsuits seek to stop overtime rules

09/22/2016
Two lawsuits filed Sept. 20 in the U.S. District Court for the Eastern District of Texas aim to block new overtime rules from taking effect on Dec. 1.

Tell managers: Monitor your own email

09/22/2016
By now, we all know the devastating effect leaked emails can have on the political process. An email that comes out in litigation can be just as devastating to an employer.

Do colds and the flu qualify for FMLA leave?

09/15/2016
As it does every year, flu season brings confusion and questions over whether the flu or a common cold can rise to the level of “serious health condition” that qualifies for FMLA leave.

Firing OK for cheating discovered during FMLA

09/15/2016
Employees who take FMLA leave are entitled to return to their old jobs or equivalent ones. But what if you learn during an employee’s time out on FMLA leave that she wasn’t everything you believed her to be?

Rudeness doesn’t always equal hostile environment

09/14/2016
Just because co-workers can be rude doesn’t mean the target of mean comments has a hostile work environment claim — especially when the comments are ambiguous, subject to interpretation and didn’t occur repeatedly.

Supreme Court asked to rule on legality of class-action waivers

09/12/2016
It seems increasingly likely that the U.S. Supreme Court will agree to decide one of the hottest topics in employment law: Whether class-action waivers in employment agreements are legal.