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News Notes: New ADA and Hiring Fact Sheet Available

The federal Equal Employment Opportunity Commission has published a new fact sheet with guidance on how the Americans with Disabilities Act applies to the hiring process. The fact sheet, available at www.eeoc.gov, addresses employer obligations to accommodate disabled applicants and medical inquiries that are and are not permissible during the hiring process.

New Health Benefits Law Goes into Effect this Year

On October 9 of this year a new federal law—called Michelle’s Law—regarding who’s entitled to health benefits will go into effect. The law is named for Michelle Morse, a New Hampshire college student with cancer who continued with a full course load against her doctor’s advice in order to maintain health benefits under her parents’ […]

HR in 2011: Avoid Legal Pitfalls

Employment Law Guide in Your State — 2011 Are you ready for 2011? The most up-to-date version of BLR’s Employment Law Guide—In Your State is now available. It pulls together all the federal and state laws you need to know about to stay in compliance. The guide includes all changes that federal legislators and regulators […]

Disability-Related Questions And Medical Exams, Part 2: EEOC Guidelines For Handling Common But Thorny Problems

The EEOC recently released a guidance explaining when it is and is not permissible to ask employees disability-related questions or to require them to take medical exams. In this final segment, we look at how the EEOC says you should handle a number of common but frequently thorny situations involving employee medical information. Documentation When […]

Ban on Gay Marriage Ruled Unconstitutional in California

In a divided 4-3 ruling, the California Supreme Court has declared unconstitutional state laws limiting marriage to opposite-sex couples.1 The case arose out of San Francisco’s move, back in 2004, to issue marriage licenses to gay and lesbian couples. The decision was immediately challenged, and the California Supreme Court ruled then that the marriages were […]

News Notes: Ergonomics Proposal Moving Forward Despite Opposition

Fed/OSHA continues to move ahead with its controversial ergonomics proposal, despite pending legislation that would require more time for public comment before the rules are finalized. OSHA’s hearings on the proposal wrapped up May 12 after testimony from over 1,000 witnesses, and the agency expects to publish final regulations by year’s end. But the controversy […]

News Notes: National Labor Relations Act Protections End At The Border

  A federal appeals court recently ruled that the National Labor Relations Act’s (NLRA) prohibitions against unfair labor practices don’t apply to employees of a U.S.-based company while on temporary assignment outside the country. The case arose after two employees were terminated, allegedly for complaining about work conditions they encountered on temporary assignment in Ottawa. […]

Race Bias: EEOC Slaps Walgreens with Nationwide Class Action

The U.S. Equal Employment Opportunity Commission has filed an employment discrimination class action against Walgreen Co., alleging that the drug store chain discriminates against African American workers in its stores nationwide. Walgreens operates over 5,500 stores in 47 states and Puerto Rico, so the lawsuit affects thousands of current and former employees.

Mandatory Arbitration: Ninth Circuit Tosses Out One-Sided Agreement

Last year, the U.S. Supreme Court approved the use of mandatory arbitration agreements for employment disputes in a lawsuit brought by a Circuit City employee. But now the Ninth Circuit, after taking a second look at the arbitration provisions in that case, has tossed out the agreement, ruling that it was unduly lopsided and didn’t […]