Practical HR Tips, News & Advice. Updated Daily.
In worst-case scenarios, stumbling blocks become legal hurdles too great for your human resources department to overcome. What starts as an innocent mistake, lack of knowledge or sin of policy omission becomes a genuine issue of material fact and it lands your company in court. In the case of Lichtenstein v. University of Pittsburgh Medical […]
Employees with chemical sensitivity may be entitled to workplace accommodations, including permission to work from home, the U.S. District Court for the Southern District of Ohio ruled in Core v. Champaign County (July 30, 2012). Pamela Core, an employee at the Champaign County Department of Job and Family Services, had asthma and a severe chemical […]
A supervisor’s apparent bias in the firing of her employee proved costly in a recent 8th U.S. Circuit Court of Appeals ruling which upheld a decision by the U.S. District Court for the Eastern District of Missouri, Eastern Division awarding $413,000 in damages and liquidated damages in an FMLA retaliation claim based on cat’s-paw liability. […]
Mandatory mental health counseling is a “medical examination” regulated by the Americans with Disabilities Act, according to the 6th U.S. Circuit Court of Appeals. Therefore, a requirement that an employee undergo such counseling is subject to all of ADA’s rules and restrictions; specifically, one that prohibits employers from requiring medical exams that are not job-related […]
The off-week hours of rotational workers may count against FMLA leave, a federal judge reluctantly decided in a recent U.S. District Court ruling. The Oklahoma judge ruled for a trucking firm in an FMLA interference claim by a fired dispatcher who failed to return to work after he exhausted his 12 weeks of job-protected FMLA […]
A federal disability policy agency sent a report and letter to the Obama administration on Aug. 23 urging a phase out of a controversial provision of the Fair Labor Standards Act that allows certified employers to compensate persons with disabilities at wages below the federal minimum wage. The FLSA section in question — section 14(c) […]
Ignorance regarding recent amendments to the Americans with Disabilities Act is no excuse for noncompliance; employers “should get up to speed” on these changes, the U.S. Equal Employment Opportunity Commission said in announcing a settlement agreement this week. The agency added that the ADA amendments make it clear that employers should not overanalyze whether an […]
As an employer, you might think that there’s a clear difference between taking part in casual conversations with your employees versus receiving notice of an impending FMLA leave. After all, dropping hints in the lunchroom about ailing parents, sick kids or personal health issues doesn’t qualify these days as giving official leave notification, does it? […]
A recent decision by the 2nd U.S. Circuit Court of Appeals highlights the importance of tracking employees’ hours. That court reversed a district court’s judgment against a New York high school English teacher who claims he was denied tenure in retaliation for taking seven days of leave following gallbladder surgery — FMLA leave for which […]
A school district failed to accommodate a teacher with seasonal affective disorder, the 7th U.S. Circuit Court of Appeals has determined, upholding a jury’s award of damages. The 7th Circuit had already heard the case, Ekstrand v. School District of Somerset (No. 11-1949, June 26, 2012), once before. Renae Eskstrand filed suit against her employer, […]