Tag: ADA

Telecommuting: A Reasonable ADA Accommodation?

You may think that the federal, state and local courts move at a glacial pace, but they often deliberate and resist change of opinion on employment law matters because, well, the modern workplace is a living, breathing, complex organism. Telecommuting is one such complexity, as are the multitude of situations that employers need to consider […]

Telecommuting: A VIP Benefit?

Employees often view the telework option as a form of recognition. They may see it as a privilege earned through good performance. Unfortunately, they also may see the work-life perk — offered to some, but not all — as an entitlement, or worse, they may see lack of telecommuting privileges as an inequity caused by […]

Yes, Better Job Descriptions Will Prevent Lawsuits

Specifically, how do job descriptions protect against lawsuits and money damages? Here are several ways job descriptions help. 1. Promote Proper Classification Recent multi-million-dollar lawsuits should be a wake-up call that good old wage-and-hour issues are worth a little attention, and job descriptions are a key factor. When job descriptions have proper detail, they help […]

Back Pay Damages Include Overtime in FMLA Retaliation Claim, Courts Rule

Employers should be aware that back pay sometimes can entail more than base compensation. The 1st U.S. Circuit Court of Appeals provided that reminder through its recent holding that overtime compensation may be included in an award of back pay. The case is Pagán-Colón v. Walgreens of San Patricio, Inc., Nos. 11-1089, 11-1091 (1st Cir. […]

California Outlaws ‘Demand Letters’ in Attempt to Curb Predatory ADA Suits

Letters demanding that businesses fix accessibility violations or settle with the sender are now prohibited in California thanks to a law that took effect last week. The bill, SB 1186, amended state law “by prohibiting ‘demand for money’ letters, where attorneys target businesses with alleged minor access violations and demand a quick monetary settlement in […]

Feds Should Improve Hiring Practices and Set Goals for Contractors, Says NCD

The federal government should finalize its proposed hiring goal for federal contractors, the National Council on Disability said in a report to President Obama. But the feds also need to improve their own hiring practices, the council said. These are among the recommendations contained in the council’s National Disability Policy: A Progress Report, released Sept. […]

The Downside of Sign-Up Bonuses

Sign-on bonuses often do make the difference between acceptance and rejection of an offer, says consultant Chuck Csizmar, CCP, but there are a few caveats. Csizmar, who is founder and principal of CMC Compensation Group, offered his tips at a recent BLR-sponsored webinar. Some Csizmar’s negatives to using bonuses: Using them may establish an unwanted […]

It’s the Employer’s Job to Know When FMLA Applies

In worst-case scenarios, stumbling blocks become legal hurdles too great for your human resources department to overcome. What starts as an innocent mistake, lack of knowledge or sin of policy omission becomes a genuine issue of material fact and it lands your company in court. In the case of Lichtenstein v. University of Pittsburgh Medical […]

EEOC plan reveals enforcement priorities

The Equal Employment Opportunity Commission (EEOC) has released a draft of its Strategic Enforcement Plan (SEP) that spells out priorities such as stepped-up efforts against hiring discrimination and harassment, new protections for various vulnerable workers, preserving access to the legal system, and dealing with emerging issues like changes brought by the ADA Amendments Act. Recruitment […]

Employer May Have to Allow Employee with Chemical Sensitivity to Work From Home

Employees with chemical sensitivity may be entitled to workplace accommodations, including permission to work from home, the U.S. District Court for the Southern District of Ohio ruled in Core v. Champaign County (July 30, 2012). Pamela Core, an employee at the Champaign County Department of Job and Family Services, had asthma and a severe chemical […]