Practical HR Tips, News & Advice. Updated Daily.
The federal Equal Employment Opportunity Commission has updated its enforcement guidance concerning reasonable accommodation and undue hardship under the Americans with Disabilities Act. The revisions stem from a recent U.S. Supreme Court ruling that it is unreasonable for an employer to have to reassign a disabled employee if doing so would violate a seniority system, […]
Mix-ups with leave-related paperwork can bring on expensive headaches, as one employer recently discovered. Sam Duty, a mechanic and welder at Norton-Alcoa Proppants, injured his neck at work and took seven months of medical leave. But eventually a dispute erupted when it turned out that an error in the company’s FMLA paperwork gave Duty more […]
Zenaida Garcia-Ayala was working as a secretary for drug manufacturer Lederle Parenterals Inc. when she was diagnosed with breast cancer. Lederle held her job open during several disability leaves while she underwent multiple surgeries, chemotherapy and ultimately a bone marrow transplant. But when Garcia-Ayala’s leave finally ran out, the company fired her. She then filed […]
Can workers who swear to be totally disabled on an application for Social Security benefits turn around and sue you under the Americans With Disabilities Act (ADA), contending they’re qualified to work despite their disability claim? Two recent court decisions – one from the United States Supreme Court and the other involving a Northern California […]
Suppose your business has taken a downturn and you decide to implement a reduction in force. Can you lay off a person whose work performance has slipped due to a condition that is covered by the Americans with Disabilities Act (ADA)? A new federal Court of Appeal opinion says yes, and the ruling also has […]
Habitually absent or late employees can cause big headaches, leading you to discipline or even terminate those who don’t improve. But an employer who fired a worker with peptic ulcers for poor attendance recently learned the importance of using caution before discharging someone who might be covered by the family leave laws.
You probably know that docking the pay of an employee who is exempt from overtime is fraught with risk-the person could lose their exempt status and you could have to begin paying overtime, as well as back overtime for up to three years. And some courts have said that merely having a written policy giving […]