With millions of Americans telecommuting, businesses must determine how current laws apply to this new form of work
Article Abstract:
Courts are divided over the circumstances under which employers must consider home offices a reasonable accomodation for employees under the Americans with Disabilities Act, the Family and Medical Leave Act, and the Fair Labor Standards Act. No major labor laws expressly consider the impact of telecommuting or working at home, though nearly 9 million people did so in 1994 and more than 13 million will by 1998. In general, employers should carefully consider whether telecommuting is a reasonable option in each case.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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Employers can limit constructive discharge suits by educating management and implementing internal grievance procedures
Article Abstract:
Employers seeking to avoid constructive discharge lawsuits should institute internal grievance and open-door policies, implement them fully and uniformly, and educate administrators. Constructive discharge occurs when an employee is forced to quit by intolerable working conditions and is generally linked to discriminatory treatment and an intent to avoid unlawful discharge. Circuit courts have followed two different standards: the reasonable person standard and the employer intent standard.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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In its bid to decentralize government, the new Republican majority is seeking to overhaul New Deal-era labor legislation
Article Abstract:
The new Republican majority in Congress hopes to overhaul US labor law. Much of this law dates from the New Deal era and includes such statutes as the Davis-Bacon Act and the Federal Labor Standards Act. The Republicans feel that much of labor law adversely impacts US competitiveness. Further Republican plans include a consolidation of federal job-training programs, increased use of alternative dispute resolution to resolve labor disputes and reduced federal regulation.
Publication Name: The National Law Journal
Subject: Law
ISSN: 0162-7325
Year: 1995
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