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Disabled Employees: New Ruling OKs Layoff Of Worker Who Can’t Meet Performance Standards; Lawsuit Prevention Tips

Suppose your business has taken a downturn and you decide to implement a reduction in force. Can you lay off a person whose work performance has slipped due to a condition that is covered by the Americans with Disabilities Act (ADA)? A new federal Court of Appeal opinion says yes, and the ruling also has […]

Keep Away from Bad Bosses

Everybody’s had a bad boss at some point in his or her career. Given their prevalence, you can train better leaders by identifying the dysfunctional ones. Know who the bad bosses are, the traits they embody, and their interpersonal failings in order to build empathetic, communicative, and overall “good” bosses.

Federal agencies cracking down on gender identity discrimination

As the debate over gender identity discrimination rages within the halls of state and federal governments, employers are left to wonder how the controversy will play out in the workplace. One high-profile aspect of the issue centers on North Carolina’s House Bill 2, which Governor Pat McCrory signed into law on March 23. The law […]

White House Proposes Expanded Military FMLA Leave Provisions

The Obama administration is proposing expanded leave provisions under the Family and Medical Leave Act (FMLA) for military families. The proposed rule would extend the entitlement of military caregiver leave to family members of veterans for up to five years after the veteran leaves the military. At the present time, the law covers family members […]

ADA Accommodations: “100% Healed” Return-To-Work Policies Ruled Illegal

If you require a disabled employee to be completely recovered before returning to work, it’s important to reconsider that policy in light of the Ninth Circuit’s recent ruling involving Amtrak (see above). In the case, a disabled ticket agent who could no longer perform her job claimed that her supervisor wouldn’t allow her to bid […]

Federal Court: Allow Clarification to Avoid FMLA Interference

By Jeffrey A. Gruen  The U.S. Court of Appeals for the 3rd Circuit— which covers Delaware, New Jersey, and Pennsylvania—recently found that an employer can be liable for interference with an employee’s Family and Medical Leave Act (FMLA) rights when it denies leave on the basis of a vague medical certification without first providing notice […]

Why Workers’ Comp Claim Forms Must Be Provided Promptly

A new case underscores the need for employers to bone up on the rules regarding when injured workers must be provided with a workers’ comp claim form. In the case, a California appeals court rejected an argument that David Carls, a sign painter for the Claremont Colleges in Southern California, should be denied workers’ compensation […]

Parental Leave Newest Addition to FMLA Family

Yesterday’s Advisor featured attorney Susan Shoenfeld’s summary of the changes in the new FMLA regulations; today, more detail on the new parental leave requirement under military exigency leave, plus an introduction to the all-HR-in-one website, HR.BLR.com. The Final FMLA rule makes four changes (or clarifications) to the listed qualifying exigencies, says Schoenfeld, Senior Legal Editor […]

Westeros might have benefited from recent trends in paid family leave

Game of Thrones, one of my favorite shows, most recently returned for its sixth season. Don’t worry, no spoilers here if you haven’t seen the first couple of episodes of this season. However, if you haven’t noticed, one of the recurring themes for characters in Game of Thrones appears to be daddy issues. In fact, […]