Tag: procedures

High Court Advances Same-sex Marriage and Impacts Employers

As a result of the U.S. Supreme Court rulings on same-sex marriage, employers throughout the United States will have to adjust their benefits plans, policies and documents to accommodate employees’ same-sex spouses for purposes of federal law and regulations. California employers will need to do the same for purposes of state law. On June 26, […]

FMLA Leave Not a Reason for Discipline or Dismissal, Court Says

Employers must not impose probation on employees for excessive absences that include leave under the Family and Medical Leave Act. To do so is akin to using a disciplinary measure to penalize employees for taking qualified FMLA leave. So ruled the U.S. District Court for the District of New Jersey as it permitted the FMLA […]

Failing to Engage in Interactive Process Not in Itself an ADA Violation

When an employer fails to participate in the interactive process of finding a workplace accommodation for an employee with a disability, that misstep can be used as evidence of discrimination. Such a failure is not, however, an ADA violation when it stands alone, the 7th Circuit ruled in Basden v. Professional Transportation, Inc., No. 11-2880 […]

New ADA Compliance Guidance Covers Cancer, Diabetes, Epilipsy and Intellectual Disabilities

The agency responsible for enforcing the Americans with Disabilities has revised several of its guidance documents to reflect recent changes to the law. The May 15 changes were necessary because of the ADA Amendments Act, which expanded the law’s coverage in 2009, the U.S said in a press release. The documents explain how ADA applies […]

ACA ‘Play or Pay’ Decision Guide Infographic

Before January 1, 2014, employers covered by the employer responsibility provision of the health care reform law—also known as the Affordable Care Act (ACA)—will need to decide if they will provide health care insurance to their employees or pay the penalties for not doing so. This decision is commonly referred to as ‘play or pay.’ […]

Employer Violated NLRA by Firing Workers for Facebook Postings

Clothing retailer Bettie Page must reinstate three terminated employees with back pay and rescind an unlawful handbook rule, said the National Labor Relations Board in affirming a lower court’s finding that the employer violated several provisions of the National Labor Relations Act. The NLRB agreed that the employer violated the NLRA’s prohibition of unfair labor […]

Checklist for Avoiding Wellness Program Legal Entanglements

Yesterday’s Advisor featured attorney Mark Jones on how wellness programs get into legal trouble. Today, his checklist for avoiding legal hassles, plus an introduction to the all-HR-in-one website, HR.BLR.com®. Jones, who is a partner at Pillsbury Winthrop Shaw Pittman LLP in Los Angeles, offered his wellness guidance at a recent Benefits Boot Camp sponsored by […]

Wellness ? Sure, But Put Your Lawyer Hat On

Wellness programs are growing in popularity and many are effective at keeping employees healthier and reducing employer costs, says attorney Mark Jones, but you have to “put on your lawyer hat” to avoid legal entanglements. Jones, who is a partner at Pillsbury Winthrop Shaw Pittman LLP in Los Angeles, offered his wellness guidance at a […]

Employers Wise to Limit Job-related Calls to Employees on FMLA Leave

Employers need to know what distinguishes a professional courtesy — let’s say having an occasional job-related phone discussion with an employee on leave — from crossing the line and interfering with an employee’s rights under the Family and Medical Leave Act. In other words, you as employer need to inform your employees about the parameters […]