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Recent developments in nlrb decisions regarding employee handbook rules: 7 things private sector employers need to know now

Recent developments in nlrb decisions regarding employee handbook rules: 7 things private sector employers need to know now

My company doesn’t have a union so the National Labor Relations Act (NLRA) and the decisions of the National Labor Relations Board (NLRB) don’t apply to me… right? Wrong. In the Spring 2015 issue of BGD Magazine, firm attorneys William J. Kishman and Aleksandr “Sasha” Litvinov discussed what several recent ... Read More »

Are you available on Saturdays, and what’s your preferred deity?

Are you available on Saturdays, and what’s your preferred deity?

Title VII prohibits discrimination against applicants for employment on the basis of their religion. Accordingly, during the hiring process, an employer generally shouldn’t inquire into an applicant’s religious denomination or practices, including asking questions about the religious holidays she observes. Title VII also requires employers to reasonably accommodate employees’ and ... Read More »

Employers do not have to allow unacceptable workplace behavior due to a disability

Employers do not have to allow unacceptable workplace behavior due to a disability

The Americans with Disabilities Act (ADA, ADAAA) and Rehabilitation Act, which incorporates most of the ADA standards, prohibit discriminating against employees based on their disabilities.  Indeed, with the ADAAA amendment, recent court decisions have broadened the scope of what is considered a disability, as well as what steps an employer must take ... Read More »

Arbeitsgericht or Landgericht: Where should the director of a GmbH bring a complaint?

Arbeitsgericht or Landgericht: Where should the director of a GmbH bring a complaint?

Unlike the Netherlands, as well as the ordinary courts, Germany also has special employment tribunals (Arbeitsgericht) to resolve labour disputes between employees and employers.  The advantage of these tribunals is that the claimant does not have to pay any advance towards court costs and the losing party does not have ... Read More »

Working while you sleep?

Working while you sleep?

Remuneration for on-call Services under the Provisions of the Minimum Wage Law. (Federal Labor Court, decision dated November 19, 2014 – 5 AZR 1101/12) The plaintiff was employed as a caretaker in one of the nursing homes run by the defendant. As well as nursing care, domestic care for patients ... Read More »

Employment relationship with agency despite a license for the supply of temporary workers of the contractor

Employment relationship with agency despite a license for the supply of temporary workers of the contractor

(Higher Labor Court Baden-Württemberg, decision dated December 3, 2014 – 4 Sa 41/14) The defendant agency GmbH has used the plaintiff continuously in the same department at the same jobsite since 2011. The plaintiff was not employed by the defendant, but by three successive third-party contractors. The use of the ... Read More »

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