Month: February 2014

When is Obesity a Disability?

Recently, the American Medical Association (AMA) has declared obesity to be a disease. This has implications for employers, since obesity may now also be considered a disability in certain circumstances. table style=”padding: 15px;” align=”right”> When is Obesity a Disability? To see when it might be possible that obesity may be declared a disability, let's take […]

Is Obesity a Disease?

In June 2013, the American Medical Association officially voted to classify obesity as a disease. While this classification doesn’t have legal weight, it provides support for individuals arguing that obesity should be considered a protected ADA disability—which could open the door for discrimination claims. Let’s take a look at the rationale behind this change. Obesity […]

Surveillance and Secrets—Managing Social Media Risks

[Go here for S’s 1 and 2] S #3. Surveillance or “Snooping” What’s the Risk? When you monitor employee’s social media activity, you run two risks, says Yip: Damage to morale. The company may call it surveillance, but the employees will view it as snooping, and they won’t like it. The vast majority of employees […]

Train Workers To Leave Job Dangers At Work

Some of the dangers you face at work can follow you home … if you don’t take certain precautions. Hazardous “hitchhikers” can endanger the health of small children and other family members in your home. Yesterday, we listed hazardous chemical agents that can inadvertently come home with you. Here are more. Hazardous Biological Agents Chemicals […]

Supervisor’s Job? Keep HR’s Options Open

In yesterday’s Advisor, attorney Mark Schickman discussed basic guidelines for supervisor training. Today, more tips for supervisors, plus an introduction to BLR’s audit-by-checklist program. Your supervisors aren’t technical experts on HR matters, and they‘re not going to be, but you can train them to act in a way that preserves HR’s options, says Schickman, a […]

With commitment, the only way out is forward

by Dan Oswald A man is in a restroom standing in front of a urinal when he finds himself with a dilemma. He has somehow dropped a $5 bill into the urinal. As he is contemplating what he should do about his five bucks, another man enters the restroom. The second man quickly sees the […]

Going Fishing ‘Under Doctor’s Orders’ While on FMLA Leave Gets State Official Fired

A state government official has stepped down after the Better Government Association and news outlets began investigating a long pattern of Family and Medical Leave Act absences that, they said, smelled fishy. Namely, the Illinois Department of Natural Resources deputy director missed more than three months of work, mostly using paid sick time, to fish […]

New resources available on upcoming rules for federal contractors

The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has posted new resources on its website to help federal contractors comply with new regulations pertaining to recruiting people with disabilities and veterans. New regulations going into effect March 24 strengthen requirements under the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and […]

Four S’s of Social Media Risk

The 4 S’s of Social Media Risk Yip, who is litigation partner at the Honolulu office of law firm Cades Schutte LLP, offered his four S’s at the Advanced Employment Issues Symposium held recently in Las Vegas. S #1. Searches What’s the Risk? The biggest risk in searches is that you might learn information that […]

Agencies Add Safe Harbors to 90-day Rule for Health Plan Enrollment

Generally, waiting periods to enroll in health coverage cannot exceed 90 days, and eligibility conditions based solely on the lapse of a time period are permissible for no more than 90 days, under new final rules issued by the U.S. Departments of Labor Health and Human Services and the Treasury. In addition, the employer has […]