by Maggie Spell LeBato A recent decision by the U.S. 5th Circuit Court of Appeals—which covers Louisiana, Mississippi, and Texas—offers a reminder about your obligation to provide a reasonable accommodation for an employee with a disability if it will permit her to perform the job. The ruling is also a reminder of what it takes […]
Benefit optimization, as the name implies, is the process used by HR professionals to critically assess the organization’s benefit structure and determine what changes can be made to make the benefit package on offer best serve the organization and the employees.
The Internal Revenue Service is passing along a reminder to eligible employees that now is the time to begin planning to take full advantage of their employer’s health flexible spending arrangement (FSA) during 2017.
Most employees in the United States are employed “at will,” which simply means that either the employee or the employer can end the employment relationship for any legal reason, or no reason at all, at any time. The law at the federal level has no requirement of giving a particular notice period when terminating a […]
It’s one thing to grasp individual Family and Medical Leave Act (FMLA) rules, but another thing entirely to apply them in the real world. This article series addresses some of the most confusing real world problems. Here we’ll focus on managing intermittent and reduced schedule leave.
by Michael J. Modl Your employee tells you that she has a disability that has resulted in limitations on her ability to perform certain job duties. She asks for a reasonable accommodation and even has a couple suggestions. What is your obligation to meet with her to discuss her limitations and possible accommodations? What happens […]
by Martin J. Regimbal The Americans with Disabilities Act (ADA) prohibits employers from, among other things, discriminating against employees because of their disabilities. Under the ADA, discrimination includes an employer’s failure to provide reasonable accommodations for the known physical or mental limitations of employees.
by Kevin C. McCormick In a recent decision, the U.S. Court of Appeals for the 2nd Circuit found that the employees who worked concessions at Oriole Park at Camden Yards were not entitled to overtime compensation under the Fair Labor Standards Act (FLSA) because a concessionaire is an “amusement or recreational establishment” exempt from the […]
The question of whether the Americans with Disabilities Act (ADA) requires noncompetitive transfers as an accommodation has long divided the federal courts of appeal. And until the U.S. Supreme Court answers the question, employers are left with a mix of conflicting court rulings and federal guidance.
By John Herrington The requirements imposed by the Family and Medical Leave Act (FMLA) often present administrative difficulties for HR personnel. Indeed, the FMLA gives employees who request and take leave plenty of advantages and provides significant penalties for employers that fail to comply with their obligations under the Act.