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Regulations implementing expansions to the Family and Medical Leave Act will be proposed Monday, the White House announced today. The 2009 legislative amendments added FMLA coverage for caregivers of wounded and ill service members and veterans. It also provided eligible employees the ability to take FMLA leave to tend to “qualifying exigencies” stemming from a […]
Most employment laws include provisions protecting employees from vindictive managers who would otherwise punish them for exercising their rights. The Family and Medical Leave Act is no exception. Late last year, the Department of Labor’s Wage and Hour Division released Fact Sheet # 77B explaining the FMLA’s anti-retaliatory provisions. Here are some highlights: Prohibitions An […]
Religious employers are protected from discrimination claims made by their own ministers, the U.S. Supreme Court ruled unanimously Jan. 11. In its first ruling addressing the ministerial exception that is often read into the U.S. Constitution, the Court determined that “there is such a ministerial exception,” and that it bars ministers from bringing employment discrimination […]
By Peter Susser, Esq. HR professionals may often see the following scenario: An employee is granted FMLA leave to treat a serious health condition that poses long-term restrictions and limitations; 12 weeks pass; the employee fails to return to work; company terminates employee under a “no-fault” absence policy. The employer granted the full 12 weeks […]
In yesterday’s Advisor, the Advanced Employment Issues Symposium panel offered tips for dealing with an increasingly aggressive Wage/Hour Division; today, the panels advice for dealing with ADA issues, plus an introduction to the leading all-HR-in-one website. EEOC is coming after anyone not using a unique interactive process, says attorney Stacie Caraway. They want to see […]
California lawmakers stayed busy throughout the year, passing a number of new wage, hour, leave and anti-discrimination laws. Here, in no particular order, are some of the biggies that go into effect Jan. 1: Pregnancy Disability Leave All employers with five or more employees will be required, starting Jan. 1, to continue to maintain and […]
In yesterday’s Advisor, we got attorney Audra Hamilton’s take on mental disability accommodation. Today, her examples of accommodation in action, plus an introduction to BLR’s popular pre-written policy collection, SmartPolicies. Hamilton’s remarks came at BLR’s Advanced Employment Issues Symposium, held recently in Nashville, Tennessee. Hamilton practices law in Tulsa, Oklahoma. Accommodation Example #1: Depression John […]
Many mental impairments are hard to spot and hard to diagnose, and employers tend to give mental impairments too much attention or too little, says attorney Audra Hamilton. Mental impairments should be handled exactly the same way as physical impairments are, she adds. Hamilton’s remarks came at BLR’s Advanced Employment Issues Symposium, held recently in […]
Federal contractors will have to meet a 7 percent hiring goal for individuals with disabilities under a U.S. Department of Labor proposal announced December 8. DOL’s Office of Federal Contract Compliance Programs published a Notice of Proposed Rulemaking (41 C.F.R. 77056) which included, among other things, a mandate that employers aim to have individuals with […]
Employees filed a record number of discrimination charges with the U.S. Equal Employment Opportunity Commission this year, according to a report released by the enforcement agency. The 99,947 charges received account for all claims of discrimination based on race, sex, national origin, religion, age and disability, as well as claims filed under the Equal Pay […]