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How do you deal with an employee who’s disruptive and can’t get along with co-workers? The obvious answer may be a warning or other discipline. But the federal Ninth Circuit Court of Appeal says employees like these may have a mental disability protected by the Americans with Disabilities Act (ADA), and that instead of disciplining […]
Last year, the Ninth Circuit Court of Appeal ruled that, in most cases, an employer doesn’t have to make an exception to an established seniority system to provide an accommodation to a disabled worker. Now, the same court has clarified its original ruling, going even farther in protecting seniority policies. The case involved a disabled […]
IBM¹s recent announcement that it was converting from a traditional pension plan to a cash-balance plan triggered angry employee protests and age discrimination allegations. Now, government agencies and federal legislators are vowing to take a closer look at the impact cash-balance plans have on older workers. Unlike traditional pension plans in which workers earn most […]
A new measure signed by Governor Davis expands existing law that permits employees to take unpaid time off from work to serve on a jury or act as a witness. The new law specifies that an employee who is a victim of domestic violence or other crimes may also take time off to attend court […]
Your voluntary separation incentive plan may involve even more paperwork and expenses than you think. According to a new federal government opinion, severance programs that aren’t directly linked to retirement can still be considered pension plans covered by detailed ERISA compliance requirements. 400+ pages of state-specific, easy-read reference materials at your fingertips—fully updated! Check out […]
Lucky Stores faced a typical problem. An employee who was injured on the job wanted to return to work even though his doctors had imposed restrictions on his duties. The supermarket carefully considered the employee’s work limitations, extended his disability leave more than once and eventually offered him a part-time job he was qualified to […]
Health care premiums are predicted to rise as much as 12% in the coming 12 months, according to a new survey by the human resource consulting firm Buck Consultants. Although managed care has come under attack recently for failing to live up to its promise of keeping health care costs in check, health maintenance organizations […]
As we reported last month, major changes in overtime and other wage and hour rules will take effect on January 1, 2000. Because you’ll likely need to revise your policies and procedures to be sure you’re in compliance, we’ve prepared a 10-point checklist you can use to get a head start. The HR Management & Compliance […]
If you require a disabled employee to be completely recovered before returning to work, it’s important to reconsider that policy in light of the Ninth Circuit’s recent ruling involving Amtrak (see above). In the case, a disabled ticket agent who could no longer perform her job claimed that her supervisor wouldn’t allow her to bid […]
What if an employee becomes disabled and there’s no reasonable accommodation that would enable the person to keep working in their existing position? In this relatively common situation, according to two recent Americans with Disabilities Act cases, you may have to find the worker a new job. We’ll look at these decisions and give you […]