Archives

Americans With Disabilities Act: Supreme Court Ruling Means Even More Employees May Now Be Entitled To Protection

HIV-positive individuals are covered under the Americans with Disabilities Act even if they don’t yet have any AIDS symptoms, according to a new U.S. Supreme Court ruling. The court’s reasoning could have broad consequences in the workplace because it may open the door to legal protection for employees whose conditions aren’t necessarily disabling, such as […]

Print

Personal Liability Of Supervisors: California Supreme Court Limits Risk For Discrimination Claims

Clarifying an issue that has long divided lower courts of appeal, the California Supreme Court has ruled that only employers-not individual managers and supervisors-can be forced to pay damages for workplace discrimination claims arising out of routine employment decisions. But supervisors are still at risk for huge damages in cases involving harassment and retaliation-and possibly […]

Print

News Notes: Employee Can Sue Despite Pre-Hire Warning About Co-workers’ Harassing Behavior

Warning a new employee that coworkers might behave offensively won’t get you off the hook for being sued for harassment. When Larhonda Williams interviewed for a receptionist position with Snyder Roofing and Sheet Metal, the company told her she would be exposed to coarse language on the job, and she said she could handle it. […]

Print

News Notes: Survey Flags Hot New Employee Benefit Choices

A recent survey of employers by the human resources consulting firm Hewitt Associates indicates that employees are increasingly interested in non-traditional and flexible benefits that they can pick and choose to suit their particular needs, including retirement and work/family concerns. And employers, to stay competitive in attracting the best talent, are planning to make more […]

Print

News Notes: COBRA Can’t Be Denied Because Employee Has Other Coverage

The U.S. Supreme Court has ruled that you can’t deny COBRA continuation coverage to an eligible employee or dependent simply because the person-at the time COBRA coverage is elected-is also covered under another group health plan, such as one provided by a spouse’s employer.3 Note that despite this new ruling you can terminate COBRA benefits […]

Print

Retaliation Claims: EEOC Issues New Guidelines Explaining Employee Rights And Your Obligations

It’s no surprise to many employers that discrimination claims have been on the rise over the past several years. But related lawsuits for retaliating against employees who lodge these complaints are also booming. From 1991 to 1997, the number of retaliation charges filed each year with the Equal Employment Opportunity Commission skyrocketed by almost 130%. […]

Print

ADA Reasonable Accommodations: New Court Case Looks At Whether You Have To Bump Temporary Workers Or Offer Light-Duty Assignments

When an employee who has been injured on the job wants to return to work, it can be beneficial to both you and the worker to consider a light-duty assignment. Light-duty positions can keep the employee productive and help reduce workers’ comp costs. But modifying job duties can also present logistical problems and create new […]

Print

Terminating Older Workers: New Regulations Clarify Rules For Waivers Of Age Bias Claims; Do Your Releases Pass The Test?

When you ask an employee 40 years old or over to sign a severance agreement that includes a release of potential age discrimination claims, there’s an array of strict requirements that must be met. For many employers, figuring out how to comply with these rules has been confusing-especially in cases of downsizing through group terminations […]

Print

Wage And Hour: Labor Department Spells Out When You Do–And Don’t–Have To Pay For After-Hours Training Time

It’s a common situation. You send some employees to required continuing education courses after work. Others attend classes simply to learn more about your business or industry. Are the employees entitled to pay for the time they spend in class? Probably not, according to a recent U.S. Depart- ment of Labor opinion. But you might […]

Print

Overtime Claims: Overtime Misclassification Class-Action Suits Not Letting Up–Who’s The Latest Target; Plus A 6-Point Compliance Checklist

The nation’s largest privately held car rental company is the newest casualty in a growing list of high pro- file employers sued for misclassifying workers as managers. Management assistants for Enterprise Rent-A-Car recently filed a class-action lawsuit claiming they’re owed unpaid overtime because they were improperly treated as managerial employees exempt from the overtime laws.Claims […]

Print