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Log In / Register | Aug 20, 2017

Ugly Truth #1: The Best Employee Handbook in the World Will Not Prevent a Lawsuit (but a Bad One Could Help the Plaintiff Win)

Every business is different, and there is no “one-size-fits-all” employee handbook.  Your handbook should directly reflect how your company actually operates, its culture and its expectations.

The Ugly Truth: Are Your Employee Handbook Policies and Non-Compete Agreements a Recipe for Litigation?

A question often asked by employers is whether they are legally required to have an employee handbook, and the answer is “no.”  A much better question to ask is whether it is a good idea for employers to legally protect themselves with a well-drafted and up-to-date employee handbook, and the answer to that question is a clear and definitive “yes.” 

Employers Welcome Back DOL Wage and Hour Opinion Letters

The U.S. Department of Labor has announced it will reinstate the issuance of opinion letters by its Wage and Hour Division.

This Smells Like a Lawsuit: Fragrance Sensitivity under ADA

An Illinois federal judge has rejected an employee’s disability discrimination lawsuit, in which the employee claimed her employer failed to reasonably accommodate her fragrance sensitivity as required under the Americans with Disabilities Act (“ADA”).

The $300K Flu Shot

While getting a flu shot may result in a temporarily sore arm, a Pennsylvania hospital is feeling some significant financial pain in its bank account after settling a lawsuit over its mandatory flu shot policy. 

Employment Law in 2017

One of the biggest employment law developments of 2016 will carry over into 2017 and a new administration. Employers nationwide spent much of the past year preparing for the December 1, 2016 implementation of the Department of Labor’s (“DOL”) Final Rule, bumping the minimum salary level for white collar exemptions under the Fair Labor Standards Act ("FLSA") from $23,660 annually ($455 per week) to $47,476 annually ($913 per week).

Surprise FLSA Ruling

It continues to be a season of surprises in American politics…and in employment law.  Who would ever have thought that a federal judge, appointed by President Obama, would throw a money wrench in a key initiative of the Obama Department of Labor? 

OSHA Prohibits Employers Using Drug Testing as Retaliation

The Occupational Safety and Health Administration's ("OSHA") has a new position regarding mandatory drug/alcohol testing of employees following involvement in a work-place accident.

How to Avoid Hiring the Toxic Employee

In light of the damage a toxic employee can inflict on a company, it makes sense that the best option is to avoid hiring toxic employees in the first place.  While this is more difficult than it sounds, there are some proactive measures that employers can take in the hiring process.

Fix the Toxic Staff or Fire the Employee?

To loosely paraphrase the great 18th century parliamentarian Edmund Burke, "[t]he only thing necessary for the triumph of toxic employees is for good employers to do nothing."