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Newly appointed Yahoo CEO Marissa Mayer — who some pundits have called “the most powerful pregnant woman in America” — is an exceptional employee in more ways than one. Even if she had worked the prerequisite 12 months (or 1,250-plus hours) at Yahoo to qualify for FMLA leave, Mayer would not be guaranteed a return […]
With Daniel Cafaro Montana has joined the obesity debate, determining in a recent case that being severely overweight, even with no underlying medical condition, can be a disability protected by state law. In BNSF Railway Co. v. Feit (No. OP 11-0463, 2012 MT 147 (Mont. July 6, 2012)), the state’s supreme court decided that obesity […]
Fichthorn , vice president in the Philadelphia office of Hay Group, was joined in his presentation at a recent BLR/HRhero webinar by Martin Somelofske, a senior principal in Hay Group’s Metro New York office. Fichthorn suggests that the following trends will characterize executive compensation in the upcoming year: Continued government interest and involvement, specifically through […]
For a more detailed explanation, we turned to BLR/HRhero’s HR Guide to Employment Law, written in part by Desmond, who is a Partner in the New Orleans, Louisiana office of Jackson Lewis LLP. You could set yourself up for a disparate impact suit, Desmond says, if : Your listed requirements on the job description are […]
They assist you in clarifying what skills or traits you expect an applicant to meet. They help you to defend yourself in court should you be sued over your hiring decision. We found details in BLR/HRhero’s HR Guide to Employment Law, written in part by Desmond, who is a Partner in the New Orleans, Louisiana […]
A Midwestern farm company that fired a manager on the day he was due to return from FMLA leave has withstood the ex-employee’s allegations of FMLA retaliation and interference in a 6th U.S. Circuit Court of Appeals ruling affirming a district court decision. The case is Winterhalter v. Dykhuis Farms, Inc., No. 11-1743 (July 23, […]
Allowing an employee to sit for half of her shift, thereby eliminating several job duties, is “per se” unreasonable, the U.S. District Court for the Northern District of Georgia has found. The case, EEOC v. Eckerd Corp. (d/b/a Rite Aid) (No. 1:10-CV-2816-JEC (N.D. Ga., July 9, 2012)), involved Fern Strickland, a drugstore cashier with osteoarthritis […]
A nursing assistant who requested intermittent leave because of her son’s serious health condition says that her employer fired her for taking the leave after it had mistakenly told her that she could take it — and a Pennsylvania district court judge has permitted the retaliation claim to move forward. The case is Medley v. […]
For many employers, he says, perks and benefits—from healthcare to club membership to financial advising to concierge service— offer the greatest room for growth and the most flexibility for use as retention tools in 2012. The primary reason? They’re much more cost effective than straight-up pay raises, Wudyka says. Wudyka is the founder and managing […]
One of HR’s many ADA headaches is coworkers who think an employee who has been given an accommodation is unfairly getting special treatment, say attorneys Julie K. and Audra K. Hamilton. It’s always a difficult situation because you can’t discuss the disability or the accommodation. Because of the confidentiality requirements of the ADA, you may […]