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EEOC Discussion Letter: Wellness Programs Must Accommodate Workers’ Disabilities

Employers must make accommodations to allow employees with disabilities to participate in their wellness programs, the U.S. Equal Employment Opportunity Commission said in a recently released informal discussion letter. The letter was written in response to an employer’s question about a special program for employees with diabetes. The employer wanted to waive its annual health […]

English-Only Rules: Employer Ordered To Pay Over $700,000 To Telephone Operators Hired—And Fired—For Speaking Spanish; Creating Language Policies That Work

A record damage award levied against a telephone company that tried to prevent operators from speaking Spanish to each other in the workplace underscores the risks of enforcing English-only policies. Faced with this increasingly common type of bias case, a federal court has concluded that the language restriction amounted to illegal discrimination based on national […]

Terminating Employees: New “Cal/WARN” Law Imposes Broad Layoff Notice Requirements

Gov. Davis has signed into law state layoff notice requirements similar to those in the federal WARN Act—but broader. We’ll explain what you need to know about the new state law, which we’ll call “Cal/WARN.” Federal WARN Coverage The existing federal WARN Act applies to employers with more than 100 workers. And notice under WARN […]

Not an Employee, But Still a Harasser

Yesterday’s Advisor presented two training scenarios about sexual harassment. Today, two more, and a look at a unique 10-minutes-at-a-time training system that will help your organization fend off expensive lawsuits. Sarah T. Endures the Teasing The back office at ABC Securities had always been a rough and hectic place to work. Now Sarah T. has […]

Same-Sex Marriage Rulings May Affect Employers in Other States

(Update May 26, 2009 – California Supreme Court rules that same-sex marriage ban — Proposition 8 — passed by voters in November 2008 is legal but 18,000 same-sex marriages performed before the ban was approved are valid.) A recent decision by the California Supreme Court on same-sex marriage may have implications for employers in other […]

Employee Leaves: What Should I Do When Managers Don’t Want to Reinstate Employees Who Went Out on FMLA/CFRA Leave?

We’re having problems with people coming back from FMLA/CFRA leave. Two particular situations worry us. In one case, the manager says, “I’ve redistributed the work and there’s no job anymore.” And in the other, the manager says, “We’ve hired a temp who is much better—we don’t want the person back.” Don’t we still have to […]

U.S. Supreme Court Building

Supreme Court Sets High Bar for Class Certification

by Brad Williams, Holland & Hart LLP The U.S. Supreme Court’s Dukes v. Wal-Mart decision is enormously consequential for employers, particularly those facing “bet-the-company” class actions involving allegations of widespread discrimination. In essence, the Court answered a number of outstanding procedural and interpretive questions involving the federal class-action device in such a way as to […]

Karma in the C-Suite? Readers Respond

Does “what goes around come around”? BLR® CEO Dan Oswald shared his thoughts on the subject in a recent edition of The Oswald Letter. Many readers agreed with Oswald; others were concerned about his state of mind. Oswald’s original column concluded: “Don’t spend your time thinking about how unfair life is because some people seem […]

Binge work and the ever-expanding grindstone: What’s HR’s role?

Employees adhering to the old-style conventional wisdom that urges them to keep their noses to the grindstone hope their hard work will pay off. But they might be wise to heed a more modern take on how to approach work: Slow down and guard your health.   The concept of “binge working” is getting a lot […]

Making Personnel Information Public is Perilous in California

By Joel Van Parys While a California court’s decision addresses personnel information for police officers in particular, all employers should be taking steps to safeguard and protect confidential employee information. The case is a reminder that releasing private personnel information about employees is a big decision that may involve risk for the employer—even if the […]