Practical HR Tips, News & Advice. Updated Daily.
by Christine Kenny Calculating whether an employee has worked 1,250 hours in the past year to qualify for leave under the Family and Medical Leave Act (FMLA) seems like a straightforward enough task. But is it really? With flextime arrangements and employees working overtime or putting in for “comp” time, calculating the 1,250-hour requirement can […]
Update: New Final ADAAA Regs published by EEOC The Equal Employment Opportunity Commission (EEOC) has now begun reviewing the more than 600 comments that were received in response to its proposed ADA Amendments Act (ADAAA) regulations. According to the latest regulatory agenda, the EEOC anticipates the review will be complete — and final ADAAA regulations […]
You can hardly turn on the TV or pick up a newspaper these days without hearing or reading something about the health care reform debate. No matter the political party or industry, nearly everyone seems to agree that the current system is broken, with tens of millions of Americans uninsured and health care costs skyrocketing. […]
By Michelle Sullivan, Holland & Hart LLP Kathleen Sebelius, U.S. Department of Health and Human Services (HHS) secretary, issued a statement on October 2 indicating that employers awaiting guidance before implementing changes to medical plans required by the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 should not expect […]
by Burton J. Fishman Sears recently reached a $6.2 million settlement with the Equal Employment Opportunity Commission (EEOC) regarding Americans with Disabilities Act (ADA) violations stemming from the company’s alleged refusal to return injured workers to the job. This is the largest ADA settlement in a single lawsuit in EEOC history. More aggressive enforcement has […]
The Equal Employment Opportunity Commission’s (EEOC) Notice of Proposed Rulemaking (NPRM) — which would revise its Americans with Disabilities Act (ADA) regulations to comply with the ADA Amendments Act (ADAAA) — is now available at www.HRhero.com/eeoc/eeoc_proposedregulations.pdf. The NPRM interprets the requirements of the ADAAA, which Congress passed in late 2008 to make it easier for […]
The Equal Employment Opportunity Commission (EEOC) has voted to approve a Notice of Proposed Rulemaking (NPRM) that would revise its Americans with Disabilities Act (ADA) regulations to comply with the ADA Amendments Act (ADAAA), which was passed late last year and went into effect January 1, 2009. The ADAAA and the proposed rule make it […]
by Brian Burbrink In September 2008, the ADA Amendments Act of 2008 (ADAAA) was passed with the intent of broadening the meaning of the term “disability” and expanding coverage under the Americans with Disabilities Act (ADA) to a larger percentage of the workforce. The ADAAA retained the core definition of “disability” (defined, in part, as […]
by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be […]
A swine flu pandemic was a no-show this past spring, but there’s no guarantee it won’t come roaring back when the regular flu season gets under way this fall. Swine flu (also called the H1N1 virus) should be taken seriously because this particular strain hasn’t been seen before, so people haven’t built up natural immunity. […]