Tag: employer

pot

Requiring Drug Tests as a Condition of Employment: Pros

Does your organization have a formal drug testing policy? Many employers do, primarily out of concern for safety of all workers. The concern is that employers want to ensure they don’t knowingly hire someone who may end up coming to work under the influence of a substance that will create an unsafe situation.

pretext

Disability Discrimination in the Workplace Costs Employers

It’s no secret that discrimination, harassment, and retaliation claims based on disability cost employers plenty—and it’s not just the dollars awarded in damages (although, admittedly, some jury awards are eye-popping). It’s the expense of litigation. It’s the time employers must spend defending claims. It’s the bad publicity for the company. It’s the damage to employee […]

time

Overtime: Are Mortgage Loan Underwriters Exempt ‘Administrative’ Employees?

Among the various “exemptions” from the overtime compensation requirements of the Fair Labor Standards Act (FLSA) are “administrative” employees. The question presented in a recent decision by the 9th Circuit—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—was whether mortgage loan underwriters who work for lending banks fit the administrative exemption.

Why Should Employers Provide Medical Emergency Training?

When considering what training to provide to employees, usually the focus is on employee development. But one area more and more employers are considering is how to ensure employees are able to react appropriately if a medical emergency occurs on the job.

Whistleblower

Do Whistleblower Protections Apply if Only Internal Policies are Violated?

Free governments across history have encouraged people to come forward when they see the law being violated. The United States is no different. Most states, including New Hampshire, have a statute affording certain protections to people who report wrongdoing, with such individuals normally referred to as “whistleblowers.” The basic idea behind all of these statutes […]

service snake

Service Animals Gone Wild: Bring Your Boa Constrictor to Work Day

Employees with qualifying disabilities may rely on a service and/or emotional support animal for a variety of reasons, and allowing them to do so at work may be considered a “reasonable accommodation” under the Americans with Disabilities Act (ADA), provided the task performed by the animal is needed in the workplace, it’s directly related to […]

harassment

Single Racial Slur Can Establish Harassment Claim in 3rd Circuit

Recently, the U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—ruled that to establish a claim of workplace harassment under the civil rights statute known as Section 1981, the discrimination need only be “severe or pervasive,” which can be satisfied by a single racial slur when it’s so extreme that it “amount[s] […]

ACA

Defeat of ACA Repeal: The Aftermath for Employers

The apparent demise of a full-scale Affordable Care Act (ACA) repeal may be followed by more incremental efforts to tweak ACA requirements. For now, however, the lack of dramatic changes means that some employers may need to refocus on the reporting and other requirements of the law.