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An employee who abused drugs and then failed to complete a rehabilitation program was not entitled to job protection by the Americans With Disabilities Act or the Family and Medical Leave Act, the 5th U.S. Circuit Court of Appeals ruled. ADA does not protect illegal drug users who are not seeking treatment, and FMLA does […]
What Is Considered ‘Part-Time’ Employment? There is no state or federal employment law that defines the term “part-time” or specifies the number of hours an employee must work per week to be considered part-time as opposed to full-time. Many employers classify part-time employees as those who regularly work fewer than 30 hours per week.
Most employers would agree that STEM careers—jobs in science, technology, engineering, and mathematics—are on the upswing in both numbers and importance. Most also would agree that there are far more men than women in STEM jobs. A 2011 report from the U.S. Department of Commerce, “Women in STEM: A Gender Gap to Innovation,” signals a […]
The U.S. Department of Justice discriminated against an individual with a disability in its hiring process, in violation of the Rehabilitation Act of 1973, the U.S. Equal Employment Opportunity Commission has found. EEOC determined that DOJ ran afoul of the law, which prohibits disability discrimination by entities receiving federal funds, when it rescinded a conditional […]
Social media use is prevalent for potential employees, so why shouldn’t it be prevalent for background checks? Most employers think it should—the use of social media in background checks has grown steadily in recent years. But what are the risks?
Most California employers do not expect to have to pay employees for commuting time. However, there are some important exceptions to this rule. Some of these are fairly straightforward, such as commuting time when the employee is called back in for an emergency. Others are less clear, such as when an employee is driving a […]
Creating a drug testing policy in California is often considered to be critical in ensuring employee safety. However, must comply with both state and federal laws when putting the policy together. How can you establish an effective program that doesn’t cause potential legal headaches down the road?
Travel time pay represents a significant risk for wage and hour claims in California. The reason is two-fold: first, California laws differ from federal laws. Second, travel is an integral part of most everyone's work day.
Exempt employees in California are those who are not subject to overtime pay for hours worked in excess of 8 in a day or 40 in a week. Since these employees are not being paid overtime, it may be tempting to classify as many employees “exempt” as possible, but they must meet strict requirements to […]
by Heather L. Devine New Hampshire House Bill 440, which made several changes and clarifications to new-hire reporting requirements, goes into effect August 3. Most important, the new law requires employers to complete a new-hire report to the Department of Employment Security when a former employee has been rehired (regardless of whether she was laid […]