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Get interactive, rules federal appellate court

by Brandon Gearhart A recent decision from the U.S. 6th Circuit Court of Appeals (whose rulings apply to all Kentucky, Michigan, Ohio, and Tennessee employers) illustrates the importance of the interactive process when making employment decisions about a disabled worker. The court returned a previously dismissed Americans with Disabilities Act (ADA) claim to the lower […]

Tip for HR: Don’t Be a Management Tool

Special from SHRM’s Legal and Legislative Conference Tip for HR: Don’t Be a Management Tool In yesterday’s Advisor, SHRM’s top-rated speaker, attorney Jonathan Segal offered the first 10 of his “they won’t tell you but I will” principles. Today, 11 to 15, plus an introduction to the unique guide specially directed toward the smaller or […]

8 Proactive Steps to Stop Bullying

Special from SHRM’s Legal and Legislative Conference 8 Proactive Steps to Stop Bullying In yesterday’s Advisor, we featured attorney Allison West’s take on bullying in the workplace. Today, her guidance for dealing with the bully, plus an introduction to the all-HR-in-one-place website, HR.BLR.com. West, who is principal at Employee Practices Specialists in Pacifica, CA, delivered […]

7 Best Practices in FMLA Intermittent Leave Administration

While small increments of leave time under the Family and Medical Leave Act may cause administrative headaches, there are various tips and strategies on how to contend with time tracking issues and employee abuse of intermittent FMLA leave. The following discussion gives an of overview the steps you should take after you have received an […]

GAO Recommends DOL, IRS Reduce Plan-to-plan Rollover Barriers

Most of the money contributed to traditional individual retirement accounts comes from rollovers, but the choices involved in moving 401(k) savings to an IRA or from one employer-sponsored plan to another should be made easier and more efficient. That’s the finding of the  U.S. Government Accountability Office in its latest report, “401(K) Plans: Labor and […]

DoD to Begin Extending Employee Benefits to Same-sex Partners

Some employee benefits such as child care and transportation benefits are soon to be offered to the same-sex domestic partners of military members, U.S. Department of Defense recently announced. Outgoing Secretary of Defense Leon Panetta indicated in Feb. 11 memo that the move was a step toward conferring benefits to same-sex partners that currently are only […]

ADA Compliance Can Entail Accommodating Seasonal Affective Disorder

Under the new, broader definition of “disability” implemented by the Americans with Disabilities Act Amendments Act, employers must be more vigilant than ever in accommodating workers with a wide range of impairments. This includes depression-related conditions such as seasonal affective disorder, according to the Job Accommodation Network. Seasonal Affective Disorder as a Disability Seasonal affective […]

The Basics of E-Verify

E-Verify is a system that checks the Social Security Administration and Department of Homeland Security (DHS) databases using the information from Section 1 of the I-9 form. Employers initiate the E-Verify query within 3 business days of the start date of employment. Right now, it is only used for newly-hired employees, unless you’re covered by […]

Stanley Knievel

Litigation value:  Stanley can sue Dwight blind for his bull dart assault. This is an employment law blog.  So when tonight’s episode opened, and I saw that Dwight had shut down the building’s elevator for repair, leaving the stairwell as the only option to reach Dunder Mifflin’s offices, I thought it might be interesting to […]

Are you using the new Form I-9?

by Elaine Young On March 8, U.S. Citizenship and Immigration Services (USCIS) released the long-awaited new Form I-9 and its accompanying M-274 employer handbook. Employers were required to start using the new form on March 8, but USCIS is allowing a 60-day grace period in which the old forms (dated 02/02/09 and 08/07/09) will be […]