Practical HR Tips, News & Advice. Updated Daily.
A Midwestern farm company that fired a manager on the day he was due to return from FMLA leave has withstood the ex-employee’s allegations of FMLA retaliation and interference in a 6th U.S. Circuit Court of Appeals ruling affirming a district court decision. The case is Winterhalter v. Dykhuis Farms, Inc., No. 11-1743 (July 23, […]
Allowing an employee to sit for half of her shift, thereby eliminating several job duties, is “per se” unreasonable, the U.S. District Court for the Northern District of Georgia has found. The case, EEOC v. Eckerd Corp. (d/b/a Rite Aid) (No. 1:10-CV-2816-JEC (N.D. Ga., July 9, 2012)), involved Fern Strickland, a drugstore cashier with osteoarthritis […]
A nursing assistant who requested intermittent leave because of her son’s serious health condition says that her employer fired her for taking the leave after it had mistakenly told her that she could take it — and a Pennsylvania district court judge has permitted the retaliation claim to move forward. The case is Medley v. […]
For many employers, he says, perks and benefits—from healthcare to club membership to financial advising to concierge service— offer the greatest room for growth and the most flexibility for use as retention tools in 2012. The primary reason? They’re much more cost effective than straight-up pay raises, Wudyka says. Wudyka is the founder and managing […]
One of HR’s many ADA headaches is coworkers who think an employee who has been given an accommodation is unfairly getting special treatment, say attorneys Julie K. and Audra K. Hamilton. It’s always a difficult situation because you can’t discuss the disability or the accommodation. Because of the confidentiality requirements of the ADA, you may […]
Do you have up-to-date job descriptions? Having these can be vital for your company. Accurate, up-to-date job descriptions not only help you to find the best candidates for vacant roles, but they also help you to evaluate current employees. In a BLR bootcamp titled “Comp 101 Bootcamp: How to Effectively Develop Competitive Pay Plans for […]
One overlooked, ignored, and/or feared area of the ADA is dealing with employees who suffer from mental disabilities, say attorneys Julie K.Athey and Audra K. Hamilton. Because many mental disabilities are hard to spot, hard to diagnose, and hard to handle, employers may either give too much attention (fear, stigma, termination) or too little, pretending […]
By Diane M. Pietraszewski The Equal Employment Opportunity Commission (EEOC) recently issued two pieces of revised guidance focusing on the employment rights of disabled veterans under the Americans with Disabilities Act (ADA). One of the documents, titled “Veterans and the Americans with Disabilities Act: A Guide for Employers,” is directed at employers. The other document […]
Government audits, participant lawsuits and the dreaded play-or-pay rule could heap liability and risk on employer plans, all as a result of the reform law that was just affirmed by a majority of the U.S. Supreme Court. Employers must take into account new liabilities when they move workers to part-time status or divert retirees into […]
The Americans with Disabilities Act prohibits employers from discriminating against people with disabilities or even asking questions that could influence an employment decision. Employers can avoid legal problems by training managers on what they can and can’t ask during the hiring process. Before making a conditional offer of employment, an employer may not ask any […]