Category: Recruiting

Recruiting is changing at a rapid pace. Some organizations are abandoning traditional methods for social media; some think software can do a better job than people.

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 […]

Can Individual Managers Be Held Liable for Wrongful Discharge? The Answer May Surprise You

By Jonathan Mook Virtually all states recognize a common law tort claim of wrongful discharge in violation of a state’s established public policy. In most instances, a lawsuit alleging such a claim is brought solely against the plaintiff’s former employer. But may a suit be brought not only against the employer, but also against the […]

Questions and Answers on Reform’s Transitional Reinsurance Fee

Employers are understandably nervous about the transitional reinsurance fee, which health insurers and employer health plans must pay from 2014 through 2016. The fee will be collected by HHS, even though the states will tailor their own risk adjustment programs. It must be paid annually. Plans will probably make their first payment for 2014 a […]

Key Wage-and-hour Language to Have in Your Employee Handbook

To prevent the consequences from imprecise employee handbook language,  employers should regularly review their handbooks and written policies. Since wage and hour lawsuits make up a significant part of  litigation, W&H provisions can make a difference as you draft or review your employee handbook. Wage-and-hour related provisions should include pay details, safe harbor and state […]

Court Rejects EEOC Guidance on Employee Alcohol Testing

An employer’s random alcohol testing of probationary employees did not violate the Americans with Disabilities Act, despite federal agency guidance to the contrary, a federal district court has ruled (Equal Employment Opportunity Commission v. United States Steel Corp., No. 10–12 (W.D. Penn. Feb. 20, 2013)). EEOC sued on behalf of a class of employees, arguing […]

Can We Hire a Foreign Exchange Student as an Intern?

We are an accounting firm that frequently hires area college students to intern for short periods throughout the year. We recently received a few outstanding applications from foreign students attending the local college.  Can we hire foreign students as interns? The short answer is that yes, foreign students are eligible for paid employment off campus, […]

New Bill Would Require DOL to Follow its Own Rules

A newly introduced bill would require the U.S. Department of Labor to follow a rule it wants to impose on federal contractors. DOL’s Office of Federal Contract Compliance Programs is in the final stages of a rulemaking that would require federal contractors to aim to have workers with disabilities make up 7 percent of their […]

Deaf Lifeguard Was Entitled to Accommodations, Says 6th Circuit

A reasonable jury could conclude that an employer violated the Americans with Disabilities Act when it failed to hire a deaf lifeguard, said the 6th U.S. Circuit Court of Appeals, overturning a lower court’s decision. The case, Keith v. County of Oakland (2013 WL 115647, No. 11–2276 (6th Cir. Jan. 10, 2013)) involved Nicholas Keith, […]

EEOC Discrimination Disputes Cost Employers More than $400 Million in 2012

Employers paid more than $400 million to resolve discrimination cases filed with the U.S. Equal Employment Opportunity Commission in fiscal 2012, according to data released by the agency Jan. 28. Among private-sector workers, retaliation, race and sex discrimination, respectively, were the most common discrimination charges. Other highlights from the EEOC’s fiscal 2012 statistical summary: 99,412 […]