Electronic Recordkeeping? Ready or Not, You’re Already There
Think it might be time to move to electronic recordkeeping? You already have, says attorney Marc Jacuzzi. Look at what you are already doing electronically:
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Is Every Employee Disabled?
By Michael E. Barnsback That was the question we received at the conclusion of the ADA Compliance Virtual Summit, which I conducted with Audra Hamilton on June 15, 2011. The question was reasonable after conference participants learned that the Equal Employment Opportunity Commission’s (EEOC) new regulations emphasize that the focus of the Americans with Disabilities […]
Humana Adopts Policy Against Hiring Smokers in Arizona
By David I. Weissman Many employers are seeking to control escalating health care costs and improve worker productivity by implementing policies that promote employee wellness. As a result, policies that discourage employees from smoking have become increasingly popular. Some companies have gone a step further and decided they won’t hire smokers at all. This includes […]
Praying in the Workplace
A recent case from the federal trial court in Gulfport, Mississippi, dealt with a certified nursing assistant (CNA) who claimed she was discriminated against based on religion. She alleged that she was subjected to a hostile work environment and fired for reporting religious harassment. The court discussed some interesting points in its decision. Facts Shira […]
Ex Gratia Payments in Pension Plan Allowed
By Lyne Duhaime On June 21, 2011, in Canadian Jewish Congress v. Polger, the Court of Appeal of Quebec overturned a decision of the Superior Court that had ordered an employer to pay millions of dollars in pension benefits based only on an alleged practice and without proper written documentation to that effect. The pension […]
Labor Day 2011: September 5
Labor Day “an annual celebration of the social and economic achievements of American workers” according to the Department of Labor (DOL). Some historians contend that Peter J. McGuire, general secretary of the Brotherhood of Carpenters and Joiners and a cofounder of the American Federation of Labor, was first to a day to honor those “who […]
Not ‘Smoking Gun,’ But Almost as Bad
The worst-case scenario defending against discrimination claims is the “smoking gun.” (“Too old for this job” written on résumé .) In today’s Advisor, several of the somewhat lesser mistakes that can still shoot your defense to pieces. Fortunately smoking gun evidence is rare. What is common, however, is the type of evidence that, on its […]
Cheerio, David Brent!
Although we know that Robert California (played by James Spader) will be coming on board next season, we at F&H are still sifting through the other candidates. Who knows? Maybe the selection committee will be able to find a role for them, too. Today I’d like to talk about my favorite candidate from across the […]
Office of Special Counsel Aims at Fed Agencies with USERRA Project
A new project adds another layer of bureaucratic oversight about which federal employers should be aware when dealing with employees exercising their rights to job protection under the Uniformed Services Employment and Reemployment Rights Act (USERRA). The U.S. Office of Special Counsel has begun a three-year demonstration project expanding its role in enforcing military servicemember […]
Individual mandate declared unconstitutional in Circuit Court ruling
The 11th U.S. Circuit Court of Appeals about 30 minutes ago issued a ruling that forcing Americans to purchase health insurance, a key element of the 2010 health reform law, is unconstitutional. The court however allowed the rest of the law stand (including preventive care, dependent care and preexisting condition mandates), overturning the lower court on […]