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Recruiting: Pivot or Perish

2021 will be a defining year for hiring managers. What has largely been seen as a function of business continuity has now been catapulted into a business-critical role. If there is one thing companies have learned from the ongoing health crisis, it is the need to run business with minimal resources and maximum optimization. This would mean […]

ADAAA Effective Today—Steps Employers Should Take

In yesterday’s Advisor, we presented the first 6 “Rules of Construction” for ADAAA compliance. Today, the rest of the rules, steps to take, and an introduction to BLR’s CD-based collection of job descriptions, SmartJobs. [Go here for Rules of Construction 1 to 6.] Rule 7. An impairment that is episodic or in remission is a […]

How to Implement Flex Schedules for Your Employees that Work (Part 2)

Continuing from yesterday’s post, here are the remaining steps for implementing flex schedules for your employees that work. Step 4. Determine Flex Schedules You’ll Offer It’s important to remember that not all employees or organizations will want or benefit from the same type of flex schedule options. Some employees may prefer to work remotely twice […]

Depression as a disability: Combating vague accommodation requests

Addressing depression and related mental disabilities and meeting reasonable accommodation requirements is a delicate balance. Often, employees who are in this situation will have a preconceived idea of what work restrictions would benefit them as an accommodation, and they ask their healthcare providers to state those things as a work restriction when they obtain medical […]

5 Ways to Protect Trade Secrets During, After Pandemic

As we hopefully head toward widespread COVID-19 vaccinations and back to some sort of new normal, employers should remember business information is often valuable because it’s secret, and it’s secret and protectable only when you use reasonable efforts to preserve its confidentiality. Almost every business relies on trade secrets that, if properly preserved, can be […]

language

Should Learning a Second Language Be a Part of Training?

In today’s globalized world of business and commerce, most corporations and enterprises are internationally based, along with nearly 60% to 70% of small businesses, which should be no surprise because e-commerce practices and the Internet make it easier than ever to connect with other business entities and internationally based customers.

Attendance Can Be an ‘Essential Function,’ Depending on Job

by Emily Hannah Bensinger The Third U.S. Circuit Court of Appeals recently ruled that an employer can lawfully base a termination decision on excessive absenteeism even when the absences are due to a disability covered by the Americans with Disabilities Act (ADA). For the decision to withstand an ADA claim, regular attendance must be an […]

Navigating the Unsettled Noncompete Landscape

It has been ten years since a Jimmy John’s employee leaked a copy of a noncompete agreement that the company required employees (including store-level employees such as sandwich makers and delivery drivers) to sign. The noncompete restricted employees from performing any services for a business which derived more than 10% of its revenue from selling […]

Religious Accommodation: SCOTUS Approaching Decision on Title VII ‘Undue Hardship’ Standard

On April 18, 2023, the U.S. Supreme Court heard oral arguments in a case involving a former U.S. Postal Service (USPS) worker who was denied a religious accommodation to observe his sabbath. The broad implications of a decision that favors the former worker could change the analysis for employers when assessing employee requests for religious […]