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Reasonable Accommodations: Deaf Employee Who Was Turned Down For Driver Job Can Sue; Defenses To Accommodation Claims

Under federal Department of Transportation rules, professional drivers who operate vehicles weighing more than 10,000 pounds must be DOT certified. United Parcel Service had a policy of only hiring individuals for driving positions who had this certification. Based on this rule, UPS turned down an employee who couldn’t meet DOT standards because she was deaf. […]

Benefits: U.S. Supreme Court Says Owners Possess Rights As Participants In ERISA Pension Plans

Many small-business owners both administer and participate in pension plans covered by the Employee Retirement and Income Security Act (ERISA). But the courts have been split as to whether business owners qualify as participants under ERISA and are entitled to the same legal protections as employees, including protection from creditors in the event of bankruptcy. […]

COBRA

Appeals Court: Same-Sex Spouse Had No COBRA Notice Claim

by Gwen Cofield To have standing to sue an employer for a Consolidated Omnibus Budget Reconciliation Act (COBRA) notice violation, the individual alleging the violation must be either a participant or a beneficiary, as those terms are defined in Employee Retirement Income Security Act (ERISA). COBRA coverage is designed to continue, for a limited time, […]

Have You Been Trained to Seek Out Extroverts?

Quiet: The Power of Introverts in a World That Can’t Stop Talking is Cain’s most recent book (Crown, 2012). In it, she describes the rise of extroverts, in what she calls “the culture of personality.” She refers to earlier examples, like Dale Carnegie, but her most compelling example is the Harvard Business School (HBS), where, […]

Don’t Be Pushy! More Sales Training Tips

By Maura Schreier-Fleming In yesterday’s Advisor, sales consultant Maura Schreier-Fleming reviewed four common sales mistakes and how to use proper training to avoid them. Today Schreier-Fleming discusses three more preventable sales mistakes.

How to Manage Intermittent Leave (Is that a Joke?)

By Stephen Bruce, PhD, PHR Just My E-pinion Special from BLR’s National Employment Law Update How to Manage Intermittent Leave (Is that a Joke?)< Chuckles greeted attorney Jeffrey Wortman when he announced that he’d tell his audience how to manage  intermittent leave under the  FMLA. He joined in the laughter, but said there are some […]

Jury Awards $2.6M to Pharmacist With Needle Phobia

Rite Aid Corp. will soon appeal a $2.6 million jury award for a pharmacist who is afraid of needles, according to recent court filings. A federal jury determined in January that the pharmacist’s phobia was a disability covered by the Americans with Disabilities and that he was fired because of that fear. Christopher Stevens, who […]

Navigating the Talent Tides: 9 Proactive Approaches to Workforce Optimization in 2024

The U.S. technology and professional service industries witnessed significant workforce challenges in 2023, with a continuous stream of layoffs that showed no signs of abating. These corporations grappled with various accelerating changes, including the evolution of technology, economic uncertainties, and shifts in consumer behavior. This article explores a strategic approach to managing these changes and […]