Practical HR Tips, News & Advice. Updated Daily.
Updated technical assistance from the Equal Employment Opportunity Commission (EEOC) clarifies how employers can require or encourage employees to take a COVID-19 vaccine, but attorneys advising employers point out how the document also contains cautions. The EEOC updated its technical assistance on May 28 to address questions about how federal equal employment opportunity (EEO) laws may be […]
An employee had to recertify his qualifying condition because of an established pattern of potential Family and Medical Leave Act (FMLA) misuse, but he failed to cooperate with the recertification process and didn’t provide the requested information. If he seeks FMLA protection for future absences, should we deny the request, or are we required to […]
A recent decision by the U.S. District Court for the Southern District of Ohio illustrates the relatively low bar an employee must clear to proceed with a regarded-as-disabled claim. Facts Douglas McGonegle worked for Sleep Number, a mattress and sleep accessory store, as an at-will employee (that is, he could be fired at any time […]
Ambiguous and confusing communications by an employer and benefits administrator to an employee about her Family and Medical Leave Act (FMLA) and short-term disability (STD) leave requests created issues of fact for a trial to decide, a federal district court in Columbus recently ruled. Facts Abby Knaup worked for Molina Healthcare of Ohio from April […]
Portions of the U.S. Department of Labor’s (DOL) 2020 tipped worker rule are set to take effect April 30, but the Biden administration intends to delay the effective date and continue studying other parts of the rule, which was a product of the previous administration. The provisions of the rule taking effect April 30 are […]
Yes, our parents were wrong, at least as far as the law is concerned—turns out you can be just a little bit pregnant. The Texas Court of Appeals in Corpus Christi said so in an opinion issued on February 11. To solve and understand the apparent riddle, read on. Office talk triggers termination Cynthia V. […]
Courts have consistently found regular employee attendance can be an essential function for certain positions that employers don’t have to eliminate in the name of providing an accommodation under the Americans with Disabilities Act (Act). In other words, ignoring absences when regular attendance is an essential function wouldn’t be a reasonable accommodation. The U.S. 5th […]
When employees work on client jobsites or at remote locations, it may be tempting to pay them based on their scheduled hours instead of tracking their specific hours worked. But if they perform work before or after their scheduled shifts, which includes tasks such as loading and unloading tools, then they need to be paid […]
Hiring managers often look for the most economic or efficient way to bring new people on board. Sometimes this means hiring independent contractors, using recruiting firms, or hiring employees directly, and sometimes it means using a mix of these and other options. But what if a candidate specifically requests to be an independent contractor? Or, […]
Litigating employment cases can be expensive, time-consuming, and disruptive for employers. Fortunately, a litigation tactic known as an “offer of judgment” can lead to an early resolution of the case and reduce the costs. Obvious as Well as Hidden Costs Employment cases normally involve the filing of various motions, such as requests for discovery (pretrial […]