Practical HR Tips, News & Advice. Updated Daily.
A county government in Washington state agreed to pay $215,000 in a settlement with the U.S. Department of Health and Human Services, after its report of a minor breach led to an HHS investigation that found “general and widespread noncompliance” with HIPAA privacy and security rules. The incident originally reported by Skagit County, Wash., in […]
Wal-Mart has successfully defended a putative class action alleging that its failure to employ former drug addicts as pharmacists violates the Americans with Disabilities Act. The retailer was able to show that the lead plaintiff was fired because he was previously charged with forging prescriptions — not because of his history of addiction. The suit […]
If an employee does not wish to take leave under the Family and Medical Leave Act but continues to be absent from work, then he or she must have a reason for the absence that is acceptable under the employer’s policies, otherwise termination is justified. This assertion by the 9th U.S. Circuit Court of Appeals […]
In yesterday’s Advisor attorney Elijah Yip covered the first two S’s of social media management, Search and Speech; today, Surveillance and Secrets, plus we announce a timely webinar that will show you how to maximize the effectiveness of your job descriptions. Yip, who is a litigation partner at the Honolulu office of law firm Cades […]
Social media is clearly part of the cultural fabric, says attorney Elijah Yip, but that doesn’t mean there aren’t risks when employers use it or try to limit employees’ use of it. The 4 S’s of Social Media Risk Yip, who is litigation partner at the Honolulu office of law firm Cades Schutte LLP, offered […]
Yesterday’s Advisor discussed laying the groundwork for firing; today, the dangers of inconsistency and retaliation, plus an introduction to the unique guide just for smaller—or even one-person—HR departments.
The list of dangers that employers face in firing employees is seemingly endless. How can you safely fire a poor performer who’s pregnant, who’s on medical leave, or who just filed a workers’ compensation claim? What about the employee with the perpetually bad attitude who also happens to be trying to organize your workforce or […]
Recently, the American Medical Association (AMA) has declared obesity to be a disease. This has implications for employers, since obesity may now also be considered a disability in certain circumstances. table style=”padding: 15px;” align=”right”> When is Obesity a Disability? To see when it might be possible that obesity may be declared a disability, let's take […]
In June 2013, the American Medical Association officially voted to classify obesity as a disease. While this classification doesn’t have legal weight, it provides support for individuals arguing that obesity should be considered a protected ADA disability—which could open the door for discrimination claims. Let’s take a look at the rationale behind this change. Obesity […]
An automatic termination policy for employees taking more than 12 months of consecutive leave limits the ability of qualified individuals with a disability to return to work and may act as a “qualification standard” that violates the Americans with Disabilities Act, a federal district court has ruled. The ruling by the U.S. District Court for […]