How will recent US Supreme Court rulings affect the workplace?
These rulings will limit companies’ liability for harassment by apparent bosses without full hire-and-fire authority, and will complicate employer benefit plans as applied to same-sex couples, who will have new rights under current employment laws. Definition of Supervisor under Federal...
Can an employee sue when an employer harshly or unfairly criticizes the employee?
Generally no. Employers are entitled to evaluate an employee’s performance and communicate criticisms to the employee and others within the company to resolve performance issues. Most criticism falls within the category of opinion, which cannot defame an employee, and harsh...
Employers Can Breathe a Sigh of Relief: D.C. Circuit Invalidates NLRB’s Controversial “Notice Rule”
On May 7, 2013, the U.S. Court of Appeals for the District of Columbia Circuit invalidated the controversial rule recently promulgated by National Labor Relations Board (the “Board”). The August 30, 2011 “Notice Rule” is formally known as the “Notification...
Ask the Employee Rights Attorney: What is “Employment at Will?”
Question: What is “employment at will?” Does this mean that I have no rights if I’m fired for a bad reason? Answer: “Employment at Will” is the general concept that the employment arrangement is voluntary. The employer can fire his...
Ask the Employment Law Attorney: Napping on the Job – Can an Employee with a Sleep Disorder be Fired?
Question: I can only sleep two to four hours a night. A doctor says I can work only eight hours a day as a result of this. My employer says they’ll fire me if I don’t agree to work against...
Fourth Circuit: Employer Did Not Violate ADA When it Fired a Registered Nurse Who Suffered From Drug and Alcohol Addiction
When a Registered Nurse’s supervisor called her a “drunk” and fired her, despite being aware of the nurse’s previous drug and alcohol addiction, the nurse brought a discriminatory discharge claim against the hospital pursuant to the Americans with Disabilities Act,...
Can a company settle an overtime claim with its employee without litigation?
Conventional wisdom says no, but recent legal decisions suggest that it may be possible if the settlement is in good faith. (These decisions have analyzed the terms of the Fair Labor Standards Act (FLSA or Act) that prevent an employee...
How does Obamacare affect my company? The answer to the Employment Law Question for July 2012
The answer to this question will largely depend on the size of your business. Medium-to-Large Businesses Small Businesses The Patient Protection and Affordable Care Act of 2010, commonly referred to as Obamacare, goes into full effect in 2014; however,...
Automatic Deduction of Meal Periods Is Acceptable but Risky
Every employer knows that the Fair Labor Standards Act requires that nonexempt employees be paid the federal minimum wage for all time worked and that they receive overtime pay for all hours worked in excess of 40 hours per week. ...