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I know this sounds like a contradiction, but a Dallas court recently said it wasn’t. So, a Texas employer can be cleared of firing an employee because of his disability—despite the Americans With Disabilities Act (ADA)—but still be liable for failing to provide a reasonable accommodation. The Dallas office of the Equal Employment Opportunity Commission […]
It’s no secret that telemedicine delivers faster, more accessible, and more affordable medical care for patients across the world. However, when integrating a new telehealth program into your business, there are some details that employers should not overlook.
A recent decision from the Iowa Court of Appeals should cause Iowa employers to hit pause on routine decisions relating to workers’ compensation claimants. The decision, Vetter v. Iowa Department of Natural Resources, effectively dismantled the definition of “disability” for disability discrimination claims.
An employee with a disability must demonstrate that he is able to perform the essential functions of his job, with or without reasonable accommodations, in order to be protected by the Americans with Disabilities Act (ADA). But what exactly does “essential functions” mean? What are the essential functions of a particular job, and who determines […]
Workers’ compensation benefits are designed to compensate employees for injuries that occur in the course and scope of employment. Basic workers’ comp principles establish that the course and scope of employment excludes routine commutes to and from work (before arriving at and after departing from the employer’s premises). Delaware is no exception. With rare exceptions, […]
We recently received a great, and increasingly more common, question via our Ask the Expert service on HR.BLR.com®:
Missouri law presumes that all employees are employed at will. That means employees or their employer may terminate the employment relationship at any time, with or without cause. Despite that presumption, Missouri law has three judicially created exceptions to employment at will, and employees may not be terminated for any of those reasons (in addition […]
A recent decision from a California Court of Appeal addressed the issue of whether a worker without a work permit was entitled to minimum wage and overtime protections under federal and state law. Further, the court examined the novel issue of whether lodging and meals provided to an employee may be used to satisfy the […]
Some light was shed on the rules related to cafeteria plan forfeitures when the plan sponsor ceases operations and terminates the plan, in Information Letter 2016-0077, issued earlier this year by the Internal Revenue Service (IRS).
The new immigration bill President Donald Trump touts as a way to “restore our competitive edge in the 21st century” calls for cutting immigration levels in half over a decade and creating a system that favors highly educated and skilled immigrants with English ability over those with family in the United States.