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Category Archives: Employment Law

The Basics of Following Labor Laws When Hiring Interns

By Tobin O’Connor & Ewing |

Internships at for-profit entities must comply with the Fair Labor Standards Act (FLSA). The Department of Labor has issued a guide to help employers comply with the legal wage and overtime requirements of the FLSA. The law defines the term “employ” very broadly, and those who qualify as employees rather than trainees must be… Read More »

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What Constitutes an Undue Hardship for an Employer Under the ADA?

By Tobin O’Connor & Ewing |

Under the Americans with Disabilities Act (ADA), employers must provide reasonable workplace accommodations to employees with disabilities to facilitate their employment or face serious consequences. The Equal Employment Opportunity Commission explains that employers are not required to provide a reasonable accommodation if it would cause an undue hardship. The standard for proving undue hardship… Read More »

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What is a Reasonable Accommodation under the ADA? Important Information for Employers

By Tobin O’Connor & Ewing |

The Americans with Disabilities Act requires employers to provide reasonable accommodations to qualified individuals with disabilities, unless it would cause undue hardship. The act defines an accommodation as “any change in the work environment or in the way things are customarily done that enables an individual with a disability to enjoy equal employment opportunities.”… Read More »

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EEOC Issues New Documents on Specific Disabilities

By Tobin O’Connor & Ewing |

We provide legal counsel and guidance to business clients on labor issues including employment, discipline and discrimination. In recent months, the Equal Employment Opportunity Commission (EEOC) issued revised publications concerning protection from employer discrimination on several specific medical issues. The four topics revised and published by the EEOC in May discuss how certain physical… Read More »

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Employee or Independent Contractor? Understanding Employee Job Classification

By Tobin O’Connor & Ewing |

It is essential for any employer to understand the differences between an employee and an independent contractor. Employers have the following tax responsibilities with regard to each employee: Calculate and withhold income taxes Calculate and withhold Social Security and Medicare taxes The factors used by the IRS in determining whether an employee is an… Read More »

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Reasonable Accommodation Basics for the Disabled

By Tobin O’Connor & Ewing |

Reasonable accommodation is one of the most complicated concepts businesses must contend with under the Americans with Disabilities Act. Unfortunately, this complexity means that even well-meaning employers can find themselves facing substantial civil liability for misunderstanding the full scope and effect of this important provision. But the concept of reasonable accommodation also has limits… Read More »

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Things to Avoid When Conducting Employee Interviews

By Tobin O’Connor & Ewing |

Conducting interviews in a manner that allows you to gain insights into potential new hires is already challenging. But asking the wrong questions in an in-person interview or on a job application can also open the door for legal issues. State and federal laws strictly prohibit discrimination in hiring based on: Race/color Religion Gender… Read More »

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Why It Is Important to Document Employee Discipline

By Tobin O’Connor & Ewing |

Most employers and HR professionals do not enjoy disciplining employees. But, unfortunately, it is an important part of promoting quality and productivity. And while it may be tempting to offer employees second chances, it can create liability issues for your company if it makes your disciplinary policies appear arbitrary or, even worse, nonexistent. Uniform… Read More »

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Interacting with Employees Who Have Filed Claims Against You

By Tobin O’Connor & Ewing |

Many employers find it awkward and uncomfortable when they receive notice that a current employee has lodged an employment law complaint against them. This is especially true in smaller companies where employers have more personal relationships with their employees. Some employers unwisely take it personally. Others become overly tentative in their dealings with the… Read More »

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How Your Business Benefits From Uniform Employee Policies

By Tobin O’Connor & Ewing |

Especially in recent years, many employers have trended toward running more casual workplaces. And while there can be certain benefits to this approach — especially for small businesses — it also presents numerous risks and complications. Employers must take these into account when choosing this type of management style. Even if employers do choose… Read More »

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