Practical HR Tips, News & Advice. Updated Daily.
When the Americans with Disabilities Act was passed in 1992, the initial questions focused on how to reasonably accommodate disabled workers. But there is another sticky problem that has been surfacing more recently: just who is entitled to ADA protection? You might be surprised to discover that the answer is broader than you think. Even […]
When you’re faced with the prospect of disciplining or discharging an employee, you may give the worker several different reasons for your decision. However, a new case points out the importance of getting your story straight before you terminate someone. That’s because if you provide conflicting explanations, you may inadvertently give the employee an opening […]
Discrimination lawsuits doubled between 1992 and 1996, according to a new report from the U.S. Courts’ Administrative Office. And the problem is likely to get worse. In May, we reported that employers paid record amounts to the Equal Employment Opportunity Commission (EEOC) over the last few years. Now top EEOC lawyers have promised to step […]
A worker is easily distracted and has trouble concentrating on what he’s doing. A supervisor is hostile and rude to co-workers. Another employee can’t seem to get to work on time and frequently appears groggy and withdrawn. You may think you have clear grounds for discipline or termination in situations such as these, but be […]
Your obligation to accommodate disabled workers may be much broader than you think. According to a new California Court of Appeal ruling, if one of your employees becomes disabled and can’t perform their job, you must suggest possible reasonable accommodations-even if the employee doesn’t ask for your assistance. What’s more, you might be required to […]
You probably know that docking the pay of an employee who is exempt from overtime is fraught with risk-the person could lose their exempt status and you could have to begin paying overtime, as well as back overtime for up to three years. And some courts have said that merely having a written policy giving […]
The problem can surface without warning. A former independent contractor applies for unemployment benefits, but the state can’t find any record that the person was on your payroll or that you paid unemployment taxes. Before you know it, you’re being audited and facing huge penalties for all the workers you may have misclassified as independent […]
In the first HIV case of its kind filed by the EEOC under the Americans with Disabilities Act, an applicant whose job offer was withdrawn after the person tested positive for HIV has agreed to a $90,000 settlement. The applicant signed an employment contract to be an entertainer on a Dolphin Cruise Line ship. But […]
You notice a strange odor as you walk by an employee standing on the street in the smokers’ area outside the entrance to your building. Then you realize the person is smoking marijuana. You may think you have clear grounds for discipline, termination or even calling the police. But taking action against the worker could […]