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This year’s “perfect storm” of events — from terrorism in Times Square to the dreaded 1,000-year flood in Tennessee to the devastating oil spill off the Gulf Coast — should again remind employers of the need to establish a crisis management and business continuity plan (CMBCP). The time for corporate complacency is long gone. Workplace […]
The 2008 ADA Amendments Act (ADAAA), which went into effect on January 1, 2009, greatly expanded the number of medical conditions that likely will be recognized as disabilities under the law. More disabilities mean more accommodation requests and more opportunities for employers to be second-guessed by the government and the courts on how they respond […]
By Jim Stanley, president, FDRsafety When Labor Secretary Hilda Solis warned business last year that there was ”a new sheriff in town,” she wasn’t kidding — the Occupational Safety and Health Administration (OSHA) is packing big new six-guns. The only problem is that it may be shooting itself in the foot. OSHA has been announcing […]
Nearly two years after Congress passed the ADA Amendments Act (ADAAA), the Equal Employment Opportunity Commission (EEOC) announced recently that employers should not expect to see new regulations providing a more detailed explanation of the law’s requirements anytime soon. To understand the reasons for the delay and how it may affect employers, we spoke with […]
Normally in HR Hero Line, we focus on employment laws and issues that affect most employers. But when a state-specific workers’ comp case comes along that involves (1) a worker smoking pot before (2) his job feeding grizzly bears for (3) a company that says its workers were volunteers, (not employees), we think it’s worth […]
When I first thought about writing a lighthearted piece on Debrahlee Lorenzana, she was still a little-known would-be sexual harassment litigant. A few days have passed, and she is now well on her way to being a worldwide phenomenon. It seems that every time you turn on the TV, there she is, talking about how […]
by Jonathan C. Sterling If an employee whose job involves talking on the phone and using a computer states under oath that he is unable to perform those tasks because of a disability, it’s logical to assume he can’t do his job. However, as a recent federal appellate court decision demonstrates, that may not always […]
Immigration reform appears to have stalled yet again, but the legal implications for employers have not. Back in 2005 and again in 2006 there was a novel case in which legal employees used a law designed to target organized crime to sue their employer over its use of illegal employees. The case bounced around the […]
by Chris McFadden Under the Fair Labor Standards Act (FLSA), employees may be entitled to compensation for time spent donning and doffing uniforms if they are required to do so at work. A recent ruling by the Ninth U.S. Circuit Court of Appeals addresses the compensability of time spent donning and doffing uniforms and gear […]
by Hillary J. Collyer As a good employer, you certainly have the right to make sure your employees are physically capable of doing their jobs. Thus, you may require an employee to undergo a medical exam when you have legitimate objective concerns about her continued ability to do the job. That’s fine if the exam […]