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Posts tagged "Employment Law"

New Hatch Act Guidance Limits Federal Workers From Certain Speech

Federal employees are prohibited from undertaking partisan political activity while on duty, in the federal workplace or when invoking official authority. This is due to the Hatch Act, a 1939 law aimed at preventing undue interference in elections by federal employees. Bribery, intimidation and coercion of campaign contributions are prohibited by the Act, for example -- as is the use of federal resources for certain political activities, such as campaigning for a particular candidate or party.

Trump DOL Focusing More On Employer Compliance Than Crackdowns

The Trump administration's priority for the Department of Labor has been to eliminate regulations thought too costly for businesses to bear. In particular, the administration promised to change how wage and hour law is regulated in the U.S.

ADA, Arbitration Among Employment Law Issues Before Supreme Court

Now that Justice Brett Kavanaugh has been sworn in, there is a full slate of justices on the U.S. Supreme Court. Their new term began Oct. 1, and the court jumped right in to hear oral arguments about an age discrimination case.

Do Employees Have Workplace Speech Protections?

When we think about speech protections, we often think of the First Amendment to the U.S. Constitution. The First Amendment only prohibits governmental actors from abridging freedom of speech, so it doesn't apply to private actors such as non-government employers. (The First Amendment does apply to government employers.)

How Employers Should Calculate The FMLA's 12-Month Period

Thatcher logo.jpgUnder the federal Family and Medical Leave Act, covered employees are entitled to take up to 12 workweeks of unpaid leave during a single 12-month period. The leave can be used to care for a personal medical condition, to care for certain family members' serious health conditions, to bond with a new child or to deal with emergencies related to a family member's active duty military service. More leave is available to care for a military family member's illness or injury.

Does The ADEA Prohibit All Discrimination Against Job Applicants?

Thatcher logo.jpgThe Age Discrimination in Employment Act (ADEA) prohibits discrimination against workers 40 and over. While the law prohibits discrimination in any aspect of employment, including hiring, it is unclear whether the ADEA prohibits a certain type of discrimination called "disparate impact" discrimination in hiring. One federal court ruled that it does not. Now, a second federal court has ruled the opposite.

Can A Maryland Employer Be Sued For Giving A Bad Reference?

Thatcher logo.jpgIf you have ever had to fire an employee, you may have wondered just what to say when the call comes asking for a reference for a prospective employer. Sometimes, it wouldn't be fair to withhold negative information from that employer. Are you opening yourself up to liability based on what you say?

After FMLA Runs Out, Can You Get Additional Leave Under The ADA?

Thatcher logo.jpgThe Americans With Disabilities Act (ADA) requires employers to grant reasonable accommodations to people with disabilities. The Family and Medical Leave Act (FMLA) protects your job if you take up to 12 weeks of unpaid leave to care for yourself, a family member, or a new baby. If you have a disability and have taken all 12 weeks of FMLA leave, can your employer fire you if you need more time -- or would the extra time be considered a reasonable accommodation?

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