Job Descriptions

News & Analysis as of

Career Moments Are On The Rise, Mitigate Your Risk With Compliance Training

Have you ever heard of a “career moment”? A career moment is defined as a moment in an employee’s career that represents some form of major change. Last week we hosted two regional events, one in Chicago and one in...more

Employment Litigation Up 400%! Are You Sure Your Code of Ethics Training is Effective?

According to the US Department of Labor employment litigation has increased by over 400% in the last two decades. Federal and state discrimination laws have expanded, giving employees more opportunities to challenge...more

Spring Cleaning: Time for Employers To Freshen-Up Job Descriptions

All too often, once a candidate is hired for a position, job descriptions are filed away and rarely referred to until it is time to recruit for the position again. Because an employee’s job duties often evolve over time,...more

Bernstein Shur’s Labor and Employment Practice Group Highlights Legal Issues to Watch in 2014

Happy New Year from your friends and advisors in Bernstein Shur’s Labor and Employment Practice Group. Usually, the new year comes with reviews of the past. At Bernstein Shur, we look forward to the future with a firm...more

Veterans Preference: New Temporary Rule for Oregon Public Employers

The Oregon Bureau of Labor and Industries (BOLI) recently issued a new temporary rule that addresses the veterans preference obligations of Oregon public employers. The temporary rule clarifies that job recruitment...more

Voluntary Work Held to be Work for Hire in World of Warcraft Suit

In Lewis v. Activision Blizzard, Inc., No. 4:12-cv-01096-CW (N.D. Cal. Oct. 17, 2013), an employee of Blizzard brought suit against the company for copyright infringement, alleging ownership of voiceover work used in the...more

Is an Offer Letter the Whole Show or Just a Preview of Coming Attractions?

If an employer has the foresight to address all meaningful terms of the employment relationship in offer letters to candidates, the employer may be satisfied to rely on those offer letters as binding contracts. But most of...more

Job Description Not Detailed Enough to Prove Night Shift Is Essential Function of Job

A federal district court has recently ruled that a night-shift emergency dispatcher with diabetes and hypertension, whose doctor stated that his health would be improved by working day shifts, could proceed on his claim that...more

“Essential Functions” Under the ADA Can Include Job Functions that are Infrequently Performed

The Americans with Disabilities Act (ADA) requires covered employers generally to provide reasonable accommodations to qualified employees with disabilities. The ADA provides, however, that the employee must be able to...more

California’s New Disability Regulations: Clarifying The Interactive Process

In October 2011, the California Fair Employment and Housing Commission (FEHC) proposed amended regulations governing disability discrimination, reasonable accommodation, and the interactive process under the California Fair...more

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