Category: Employment Law

Employment law is the bread and butter of the HR Daily Advisor. Check out articles from this topic to see what the latest rules and regulations are, as well as track important employment law cases.

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Trump Campaign Case Offers Lesson on Value of Carefully Written Employment Contracts

A recent New York trial court decision demonstrates the importance of carefully drafting employment contracts. In the high-profile case, Judge Arlene P. Bluth sided with the employee in rejecting the employer’s attempt to force an employment claim into arbitration. On the surface, the case is notable because the defending party was the Trump for President […]

Interactive Process Requires More Than Just Lip Service, But When is Enough Enough?

The Americans with Disabilities Act (ADA) and similar state laws prohibit discriminating against a qualified employee or job applicant on the basis of an actual or perceived disability. The ADA requires you to engage in the interactive process with an employee who has requested an accommodation to determine if it will permit the individual to […]

Halloween Costumes at the Office: Keep It Tasteful to Avoid Spooking Employees

Although warnings about Halloween costumes at work aren’t as common as the warnings about office holiday parties, what originally starts out as amusing can quickly turn into awkward or offensive. If someone is offended when a coworker shows up at work in an inappropriate costume, you can reduce the employment-related problems if you handle the […]

Quitting is for Quitters—and It Leads to Liability

In the last several months, we’ve seen continuing coverage of the #MeToo movement as well as the disclosure of new scandals, including the controversy that embroiled CBS News and its former CEO, Les Moonves. Of course, there is much yet to be learned, but discussions of whether CBS’s problems would be “solved” when Moonves stepped […]

Can an Employee Demand Representation While Being Disciplined?

Yesterday we explored a hypothetical employee named Bill who asked for legal representation to be present but was not himself a union member. We also explored the state of the Weingarten rights. Today we’ll look at how they apply to this situation, and what that means for Bill.

Can Employees Tell You, ‘I’m Not Meeting Without Representation’?

As an HR professional or a business owner, you may—or may not—know that the National Labor Relations Act (NLRA), the federal law that governs the relationship between unions and employers in the private sector, also applies to nonunion employers in certain situations. For instance, the NLRA covers all concerted activity by employees, whether it occurs […]