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Gender Change May Be a Physical Disability

By Jonathan C. Sterling As we have reported in the past, transsexual employees may be protected from discrimination, at least in some cases, by federal and state law. The decisions granting that protection have treated such discrimination as a violation of gender or sex discrimination law. However, courts have been reluctant to recognize that transsexual […]

FLSA Claims Continue to Rise

In 2010, there was a 10 percent increase from 2009 in wage and hour collective- and class-action cases under the Fair Labor Standards Act (FLSA). “Collective” and “class” actions are lawsuits with multiple plaintiffs filed by employees who perform substantially the same job. The number of wage and hour cases began to climb as a […]

Seven Deadly Sins Your Managers Are Committing As You Read This

Managers. Why can’t they just do everything the way you ask them to and the way the policy reads? Wishful thinking. Here are seven deadly managers’ sins that are probably being committed right now, down the hall. Sin 1. Lust Sexual harassment continues to be a problem in the workplace. And it’s often worse when […]

Pushing the Limits of PDA

When last night’s episode originally aired on February 10, 2011, I noted that the Scranton office more closely resembled a nightclub at the height of the sexual revolution than a reputable place of business — see my original commentary entitled “Let’s Get It On.” I discussed recent findings on the prevalence of workplace dating, as well […]

Who Is Exempt under the FLSA?

by Gary S. Fealk Under the Fair Labor Standards Act (FLSA), certain employees may be exempt from overtime pay. Mastering HR: Overtime Executive, administrative, and professional employees An employee whose job duties fall within the executive, administrative, or professional category may be exempt from overtime pay if he is paid on a salary basis. Under […]

New ADA Regs ‘Clarify’ the Law’s Muddy Waters

Topic: E-pinions By Stephen D. Bruce, PHR Editor, HR Daily Advisor Just My E-pinion Last year, EEOC logged 25,000 charge filings for ADA violations—and that’s all before the new regs the EEOC issued today; these new regs are expected to make it much easier for employees to claim protected status. Here are some excerpts from […]

Jobless Rate Falls Near Two-Year Low

February 2011 saw the nation’s unemployment rate drop to 8.9 percent, the lowest in almost two years. Employers added 192,000 jobs last month and made significant gains in payroll. Although economists predicted a strong February report, the gains were still above market expectations. The job growth represented the biggest monthly jump since May of 2010. […]