Tag: Employment law

care

So Your Employee Wasn’t Selected in H-1B Lottery . . . Now What?

A day after U.S. Citizenship and Immigration Services (USCIS) completed the H-1B cap-subject lottery selection process in late March, the winners were eligible to start filing. But what if your employee wasn’t selected? Fortunately, numerous other options are available so your business can continue to employ valuable foreign national workers. Optional Practical Training Foreign national […]

Key Areas of Focus For Small Business Human Resources

An entrepreneur hiring his or her first employee is an event that comes with a mix of excitement, pride, and anxiety. Whether a company has 1 or 10,000 employees, and whether or not it has a formal HR team, there are some foundational HR issues that impact any organization. Employment Laws and Regulations Many employment […]

EEOC Offers Clarifications, Cautions in New COVID-19 Vaccine Guidance

Updated technical assistance from the Equal Employment Opportunity Commission (EEOC) clarifies how employers can require or encourage employees to take a COVID-19 vaccine, but attorneys advising employers point out how the document also contains cautions. The EEOC updated its technical assistance on May 28 to address questions about how federal equal employment opportunity (EEO) laws may be […]

FMLA

Consequences for Failure to Recertify

An employee had to recertify his qualifying condition because of an established pattern of potential Family and Medical Leave Act (FMLA) misuse, but he failed to cooperate with the recertification process and didn’t provide the requested information. If he seeks FMLA protection for future absences, should we deny the request, or are we required to […]

pretext

Employee with Essential Tremor Can Proceed with ADA Case, Federal Court Rules

A recent decision by the U.S. District Court for the Southern District of Ohio illustrates the relatively low bar an employee must clear to proceed with a regarded-as-disabled claim. Facts Douglas McGonegle worked for Sleep Number, a mattress and sleep accessory store, as an at-will employee (that is, he could be fired at any time […]

Employer’s Ambiguous Communications Lead to Trial in FMLA Case

Ambiguous and confusing communications by an employer and benefits administrator to an employee about her Family and Medical Leave Act (FMLA) and short-term disability (STD) leave requests created issues of fact for a trial to decide, a federal district court in Columbus recently ruled. Facts Abby Knaup worked for Molina Healthcare of Ohio from April […]

tips

‘Easy’ Part of Tip Rule Takes Effect, Other Provisions in for More Study

Portions of the U.S. Department of Labor’s (DOL) 2020 tipped worker rule are set to take effect April 30, but the Biden administration intends to delay the effective date and continue studying other parts of the rule, which was a product of the previous administration. The provisions of the rule taking effect April 30 are […]

‘You Can Be Just a Little Bit Pregnant,’ Says Texas Court

Yes, our parents were wrong, at least as far as the law is concerned—turns out you can be just a little bit pregnant. The Texas Court of Appeals in Corpus Christi said so in an opinion issued on February 11. To solve and understand the apparent riddle, read on. Office talk triggers termination Cynthia V. […]

Train Dispatcher’s Failure-to-Accommodate Claim Derailed by Excessive Absenteeism

Courts have consistently found regular employee attendance can be an essential function for certain positions that employers don’t have to eliminate in the name of providing an accommodation under the Americans with Disabilities Act (Act). In other words, ignoring absences when regular attendance is an essential function wouldn’t be a reasonable accommodation. The U.S. 5th […]

training

Pre- and Postshift Work Ignites Fire for Sprinkler Company

When employees work on client jobsites or at remote locations, it may be tempting to pay them based on their scheduled hours instead of tracking their specific hours worked. But if they perform work before or after their scheduled shifts, which includes tasks such as loading and unloading tools, then they need to be paid […]