Tag: ADA

job description

5 Critical Components Every Job Description Must Contain

In a part one of this article we featured the California Employment Law Letter’s take on the importance of a good job description. Today, we look at the key components every job description must contain.

EEOC Finalizes Employer Recordkeeping Rules Under GINA

The Equal Employment Opportunity Commission has long required employers subject to Title VII and the Americans With Disabilities Act to retain employment records, and now the same is required for those subject to the Genetic Information Nondiscrimination Act. In final rules released Feb. 3, the commission amended its recordkeeping regulations to include employers covered by […]

Congress, Stakeholders Challenge OFCCP’s Proposed EEO Quota

Members of Congress are questioning whether the Department of Labor has the authority to require employers to set goals for hiring hiring disabled workers. The inquiry concerns the propriety — and practicality — of proposed rules announced late last year by DOL’s Office of Federal Contract Compliance Programs requiring federal contractors to institute hiring goals. […]

DOL proposes rulemaking to implement statutory amendments to FMLA

Secretary of Labor Hilda L. Solis  announced on Jan. 30 that the U.S. Department of Labor is issuing a notice of proposed rulemaking to implement new statutory amendments to the Family and Medical Leave Act that would expand military family leave provisions and incorporate a special eligibility provision for airline flight crew employees. The FMLA, […]

Administration to Release Long-Awaited Family Leave Proposal Jan. 30

Regulations implementing expansions to the Family and Medical Leave Act will be proposed Monday, the White House announced today. The 2009 legislative amendments added FMLA coverage for caregivers of wounded and ill service members and veterans. It also provided eligible employees the ability to take FMLA leave to tend to “qualifying exigencies” stemming from a […]

The Five Laws that Cause Contingent Worker Challenges

Cooper chairs the labor and employment practice group at law firm Garvey Schubert Barer in Portland, Oregon. Her tips came at a recent BLR-sponsored webinar. Here’s Cooper’s quick rundown of the five legal arenas where you may be exposed to “joint employer” liabilities with contingent workers: 1. Wage and hour laws. While the temp agency […]

Know What Retaliation Is, So You Can Prevent It

Most employment laws include provisions protecting employees from vindictive managers who would otherwise punish them for exercising their rights. The Family and Medical Leave Act is no exception. Late last year, the Department of Labor’s Wage and Hour Division released Fact Sheet # 77B explaining the FMLA’s anti-retaliatory provisions. Here are some highlights: Prohibitions An […]

Top 10 Things To Know About Coordinating Workers’ Comp Leave

The interaction among various leave laws can make your obligation to accommodate injuries and illnesses incredibly complicated—especially when the injury results from a workplace accident. Read on for 10 tips from Jim Brown of Sedgwick, LLP, that will help you get everything properly sorted out.

Supreme Court Upholds Religious School Exemption; Employee Not Protected Under ADA

Religious employers are protected from discrimination claims made by their own ministers, the U.S. Supreme Court ruled unanimously Jan. 11. In its first ruling addressing the ministerial exception that is often read into the U.S. Constitution, the Court determined that “there is such a ministerial exception,” and that it bars ministers from bringing employment discrimination […]

9 Secrets For Coordinating Leave Under the FMLA and ADA

By Peter Susser, Esq. HR professionals may often see the following scenario: An employee is granted FMLA leave to treat a serious health condition that poses long-term restrictions and limitations; 12 weeks pass; the employee fails to return to work; company terminates employee under a “no-fault” absence policy.  The employer granted the full 12 weeks […]