Tag: ADA

Who Are Your Hi-Pos? Ten Key Characteristics

Identifying Key Positions and Skills A critical step in the process is to specifically identify the key positions that will be targeted in the succession plan. This usually includes management-level positions. It may also include highly specialized jobs that are essential to the company’s ability to meet current or future goals. Once the positions are […]

Succession Planning 2012—All About the Brain Drain

We can’t avoid a simple fact—We’re dealing with an aging workforce. For example, the Bureau of Labor Statistics reports that over one-third of the civilian employees working for the federal government are eligible for retirement. The same situation exists, but to a somewhat lesser degree, in the workforce as a whole. Companies can’t duck the […]

‘Cat’s Paw’ Theory Spurs Court Decision, Proves Doubly Damaging to Employer

A supervisor’s apparent bias in the firing of her employee proved costly in a recent 8th U.S. Circuit Court of Appeals ruling which upheld a decision by the U.S. District Court for the Eastern District of Missouri, Eastern Division awarding $413,000 in damages and liquidated damages in an FMLA retaliation claim based on cat’s-paw liability. […]

6th Circuit: Mandatory Psychological Counseling is an ADA ‘Medical Exam’

Mandatory mental health counseling is a “medical examination” regulated by the Americans with Disabilities Act, according to the 6th U.S. Circuit Court of Appeals. Therefore, a requirement that an employee undergo such counseling is subject to all of ADA’s rules and restrictions; specifically, one that prohibits employers from requiring medical exams that are not job-related […]

Federal Agency Urges Changes to FLSA Subminimum Wage Provisions

A federal disability policy agency sent a report and letter to the Obama administration on Aug. 23 urging a phase out of a controversial provision of the Fair Labor Standards Act that allows certified employers to compensate persons with disabilities at wages below the federal minimum wage. The FLSA section in question — section 14(c) […]

EEOC: Employers Must ‘Get Up to Speed’ on New ADA

Ignorance regarding recent amendments to the Americans with Disabilities Act is no excuse for noncompliance; employers “should get up to speed” on these changes, the U.S. Equal Employment Opportunity Commission said in announcing a settlement agreement this week. The agency added that the ADA amendments make it clear that employers should not overanalyze whether an […]

HR Managers’ Comp Packages in 3 Countries

“Best Practices” means “what most experienced large multinationals have been doing”—that doesn’t mean those practices best for your organization. You have to decide that for yourself, says Fisher, principal at Chicago-based consultant Laurus Strategies. Fisher was joined by colleague Patrick Gallagher for his presentation at SHRM’s Annual Conference and Exhibition, held recently in Atlanta, Georgia. […]

When ‘Casual Conversations’ Become FMLA Notice

As an employer, you might think that there’s a clear difference between taking part in casual conversations with your employees versus receiving notice of an impending FMLA leave. After all, dropping hints in the lunchroom about ailing parents, sick kids or personal health issues doesn’t qualify these days as giving official leave notification, does it? […]