The Accommodation Minefield: How The Rise In Disability Claims Complicates Leave Policies
Littler’s Patrick H. Hicks and Hilary B. Muckleroy discuss an overall increase in disability discrimination claims. They highlight hidden dangers in leaves of absences, reasonable accommodation, operational concerns and best practices.
Senate Committee Advances Nomination of Thomas Perez to be Labor Secretary
On Thursday morning, the Senate Committee on Health, Education, Labor and Pensions (HELP) voted 12-10 along party lines to advance the nomination of Thomas Perez to be the next Secretary of Labor. Now that Perez’s nomination has been reported favorably out of committee, it will next be considered by the full Senate.
Four reasons your employment lawyer thinks firing should be a last resort
Last week's post about whether certain employees in the news deserved to be fired, in addition to generating some great comments from readers, got me thinking about firings in general.
Court of Appeal - Hourly Pay X Busy Employee = Non-Exempt Compensation
The plaintiff was an insurance adjuster. He was paid $29 / hour for every hour worked, including overtime. He always worked more than 40 hours per week. In a wage-hour lawsuit, he claimed he was not properly classified as exempt because he was not paid on a salary basis. (He challenged the duties test as well it appears). The employer argued that he was never paid less than 40 X $29 because he always worked overtime. Therefore, he earned the equivalent of a salary. The trial court bought that argument.
Texas Employers Gain Statutory Protection for Trade Secret Information
Texas has joined 47 other states and the District of Columbia in adopting the Uniform Trade Secrets Act. The new law, Texas Senate Bill 953, which will go into effect on September 1, 2014, provides a number of protections for trade secrets in Texas. New Jersey most recently enacted a law to protect trade secrets in 2012. (See New Jersey Adopts Trade Secret Law.) Now, only Massachusetts and New York have yet to pass some form of the Uniform Trade Secret Act, with Massachusetts providing statutory protection in a different form and New York recognizing common law protection of trade secrets.
Minnesota Employers Must Review Employment Applications and Hiring Practices Before “Ban the Box” Law Takes Effect in 2014
A new law signed by Governor Mark Dayton will significantly change how Minnesota employers gather and use information about job applicants’ criminal history. The new “ban the box” law, referring to the criminal history check-off box found on many employment applications, will prohibit private employers from asking about or considering an applicant’s criminal record or criminal history until after selecting the applicant for an interview or, if there is no interview, making a conditional offer of employment. The new law, which goes into effect January 1, 2014, will not apply to employers who have a statutory duty to conduct a criminal history background investigation or otherwise consider an applicant’s criminal history during the hiring process.
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