Tag: Employee Rights

Adjust Job Expectations for Employees on FMLA Leave

An employee’s performance is measured by the amount of work done. Fair enough. The employee takes Family and Medical Leave Act (FMLA) leave. Must the metrics of performance measurement be adjusted as a result? Earlier this year, by a 2-to-1 vote, a federal appeals court gave an emphatic “yes” in response. High-Pressure Job Marianne Wayland […]

Pay Equity Issues Can Arise in Multiple Ways for Employers

Pay equity for women remains an issue for many employers. Among those championing gender pay equity is Megan Rapinoe, an American soccer star who’s set to retire from professional play at the end of the National Women’s Soccer League final this Saturday, November 11, 2023. Rapinoe has been at the forefront of gender pay equity […]

PUMP It Up! Breastfeeding Accommodations in the Workplace

The ability to pump breast milk in the workplace is protected by the Fair Labor Standards Act (FLSA). In 2010, the Break Time for Nursing Mother Act was passed as part of the Affordable Care Act (ACA) and amended the FLSA to include break time and space requirements to pump breast milk at work. The […]

Time for Handbook Review! NLRB Adopts New Standard for Workplace Rules

On August 2, 2023, the National Labor Relations Board (NLRB) adopted a new standard for evaluating the legality of workplace rules under the National Labor Relations Act (NLRA). Employers in both unionized and nonunionized settings should review their employee handbooks and policies to ensure compliance with the new standard. Review of the Old Standard As […]

Evolving HR: FMLA and the Modern Workplace

Employers with over 50 employees regularly address employees’ requests for leave under the FMLA. When the FMLA was originally enacted in 1993, the workplace looked a bit different than it does now. Most employees went to a main worksite and job applicants came to a location to apply for employment. In today’s work environment, many employees work […]

Case Study: Unpaid Leave of Absence Can Be Appropriate ADA Accommodation

When an employee comes to you with a proposed job modification to accommodate a health condition, consider the requested accommodation. But remember: You can offer a different accommodation that addresses the employee’s health condition but doesn’t pose the operational challenges the employee’s requested accommodation would cause. That’s the route UPS took with one of its […]

Denying Religious Accommodations Now More Difficult Under Federal Law

Title VII of the Civil Rights Act of 1964 (Title VII) requires employers to accommodate employees’ sincerely held religious beliefs unless accommodation would result in an undue hardship. Historically, denial of a religious accommodation has carried a minimal burden of showing hardship, but a recent ruling from the U.S. Supreme Court just made denying a […]

It’s Important that Employees Know Who Can Fire Them

Employers frequently use lead persons who aren’t supervisors with the authority to fire employees. However, problems can arise when employees believe such leads can fire them. A recent case before the Arkansas Court of Appeals illustrates this problem. Background In an unbriefed appeal to the court of appeals, Erin Daniels challenged the Arkansas Board of […]

Case Study: 4th Circuit Delivers Road Map for Accommodation Process

The Americans with Disabilities Act (ADA) requires employers to engage in an interactive, good-faith process to determine if reasonable accommodations can be made for disabled employees that would allow them to perform the essential functions of the job. A recent case decided by the 4th Circuit Court of Appeals (which has jurisdiction over North Carolina) […]

Ask the Expert: When Using Employees’ Photos, It’s Best to Ask Permission

In our latest installment of Ask the Expert, brought to you by the team of industry experts at HR Hero®, we look at a question about best practices for using employees’ photos. Q: Our company has just taken pictures of key employees for use on social media, brochures, and elsewhere. Are we required to get consent […]