Tag: employer

Employer Fails to Accommodate Temporarily Disabled Nurse

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 […]

What is Benefit Optimization?

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.

IRS Issues Employee Reminder on FSAs

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.

termination

What to Do When an Employee Quits Without Notice

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 […]

Texas

Employees Must Participate in ADA’s Interactive Process in Good Faith

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.

Oriole Park Concession Employees Strike Out with FLSA Claims

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 […]

nurse

Does the ADA Require Noncompetitive Transfers? Courts Remain Split

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.