Tag: disability

Answers to questions about exempt time records, employee privacy

Employee pay and privacy are two of the most basic, yet potentially problematic issues for HR professionals, but guidance is available. Recently, questions on those two issues were put to a group of attorneys. To track or not to track The need to keep track of nonexempt employees’ work hours goes without saying, but is […]

California Pregnancy Regulations Revised

The state Fair Employment and Housing Commission has just announced the approval of changes to the state’s pregnancy regulations. The changes go into effect on December 30, 2012. They make significant changes to the existing law, including:

ADA-protected disability does not excuse sexual harassment

If an employee’s disability causes him to sexually harass co-workers, the Americans with Disabilities Act does not require the employer to turn a blind eye, the 2nd U.S. Circuit Court of Appeals ruled in McElwee v. County of Orange, No. 11-4366-cv (2nd Cir. Nov. 15, 2012). James McElwee, an individual with Pervasive Developmental Disorder, worked […]

California PTO policy questions and answers (Q&A)

If your PTO policy is designed and implemented correctly, it can work to boost employee job satisfaction while reducing unscheduled and unexpected leaves of absence. However, such a policy needs to be implemented in a way so that employees understand exactly how it works, and employers must understand that PTO policies are treated like vacation […]

Telecommuting Not Required for Worker With Chemical Sensitivity

While some employees with chemical sensitivity may be entitled to work from home, that remedy is not always available, the U.S. District Court for the Southern District of Ohio has ruled in Core v. Champaign County, 2012 WL 4959444 (Oct. 17, 2012). The court had ruled on July 30 in Core v. Champaign County that […]

Coal Mine Pays $40K for Failing to Reassign Worker with Disability

A coal mine in Birmingham, Ala. will pay $40,000 to settle allegations it failed to reassign a worker with a disability, in violation of the Americans with Disabilities Act. Rocky Davis had hearing loss and was regularly assigned to an area of the mine that adversely affected his hearing aids, according to the U.S. Equal […]

Who let the dogs out?

by J. David Kutch A Palm Beach State College (PBSC) student received permission from the school to use a service dog trained to help her deal with the effects of her psychiatric disorders. However, she failed her classes and was escorted off the campus at times, apparently because two offices at the school had different […]

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 […]