Tag: ADA

Absence Policies and Leave Administration Lacking Rigor and Framework, Study Says

The widespread use of manual and improvised procedures to measure, mitigate and administer employee absence suggests that many employers are taking substantial compliance risks with regard to the Family and Medical Leave Act, according to the ADP Research Institute study, Total Absence Management: Two Decades After the Passage of FMLA. Even though lost productivity due […]

Employers Must Consider Transferring Employees Who Require Specialized Medical Care

Employers must consider transferring employees with disabilities so they can be close to medical care, the 10th U.S. Circuit Court of Appeals ruled in Sanchez v. Vilsack (No. 11-2118 (10th Cir. Sept. 19, 2012)). Clarice Sanchez worked as a secretarial employee for the U.S. Forest Service. When she fell at work, she sustained brain damage […]

The 7 Factors that Market-Price Sales Compensation

DiMisa, who is Senior Vice President, Sales Force Effectiveness at Sibson Consulting, suggests that managers start with the basic compensation analytic, CCOS. His remarks came during a recent webinar sponsored by BLR and HR Hero. CCOS or Compensation Cost of Sales is typically calculated by taking all compensation paid to people involved in the sales […]

Bill Would Require Reasonable Accommodations for Pregnancy

A new bill would require employers to provide reasonable accommodations for pregnant employees just as they do for those with disabilities. The Pregnant Workers Fairness Act, S. 3565, is modeled after the Americans with Disabilities Act and borrows some of its language. In the same way that ADA requires accommodations for workers with disabilities, it […]

8 Do’s/Don’ts for Work-Ready Job Descriptions

Here are the BLR editors’ do’s and don’ts for worthwhile job descriptions that will really support HR operations. 1. DO give specifics For example, rather than stating that a maintenance worker "keeps up equipment," it is better to spell out the position’s requirements, which might include performing routine maintenance on assembly machines, including adjusting settings; […]

Telecommuting: A Reasonable ADA Accommodation?

You may think that the federal, state and local courts move at a glacial pace, but they often deliberate and resist change of opinion on employment law matters because, well, the modern workplace is a living, breathing, complex organism. Telecommuting is one such complexity, as are the multitude of situations that employers need to consider […]

Telecommuting: A VIP Benefit?

Employees often view the telework option as a form of recognition. They may see it as a privilege earned through good performance. Unfortunately, they also may see the work-life perk — offered to some, but not all — as an entitlement, or worse, they may see lack of telecommuting privileges as an inequity caused by […]

Yes, Better Job Descriptions Will Prevent Lawsuits

Specifically, how do job descriptions protect against lawsuits and money damages? Here are several ways job descriptions help. 1. Promote Proper Classification Recent multi-million-dollar lawsuits should be a wake-up call that good old wage-and-hour issues are worth a little attention, and job descriptions are a key factor. When job descriptions have proper detail, they help […]

Back Pay Damages Include Overtime in FMLA Retaliation Claim, Courts Rule

Employers should be aware that back pay sometimes can entail more than base compensation. The 1st U.S. Circuit Court of Appeals provided that reminder through its recent holding that overtime compensation may be included in an award of back pay. The case is Pagán-Colón v. Walgreens of San Patricio, Inc., Nos. 11-1089, 11-1091 (1st Cir. […]

California Outlaws ‘Demand Letters’ in Attempt to Curb Predatory ADA Suits

Letters demanding that businesses fix accessibility violations or settle with the sender are now prohibited in California thanks to a law that took effect last week. The bill, SB 1186, amended state law “by prohibiting ‘demand for money’ letters, where attorneys target businesses with alleged minor access violations and demand a quick monetary settlement in […]