Posted in Americans with Disabilities Act, Corporate Culture, Discrimination, Family and Medical Leave Act, Retaliation, Same-sex marriage, Social media, Telecommuting
It's been a hectic week for me (I have a trial coming up), and so here are some links to employment law blog posts and workplace news items that I hope will entertain and edify.
5 Things Your Manager Doesn't Want You to Know. By the great Evil HR Lady, Suzanne Lucas. (Just to whet your appetite, the first is "I can't fire you.")
Posted in Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
Law360 just reported that the EEOC has issued its long-awaited proposed rule on wellness programs and the Americans with Disabilities Act. The official version will be published Monday in the Federal Register.
I am out today and tomorrow to present some seminars, but I will have a full post on this as soon as I've had a chance to review. Meanwhile, here is a sneak peek of the proposed ...
Last October, I posted about a consent decree entered into between Wal-Mart and the Equal Employment Opportunity Commission, in which Wal-Mart agreed to pay $72,500 to candidate for a store job in Maryland whose offer was withdrawn because she couldn’t undergo a urine test for drugs.
The candidate had end-stage renal disease.
Now, Kmart has been hit, too, in a case involving almost ...
Posted in Affirmative Action, Affordable Care Act, Alternative Dispute Resolution, Americans with Disabilities Act, Background Checks, Discrimination, Drug Testing, Equal Pay, ERISA, Family and Medical Leave Act, Harassment, Independent Contractor, Labor Relations, Lactation, Pregnancy, Protected Concerted Activity, Safety, Social media, Wage-Hour
By David Phippen of our Metro D.C. Office.
While the year is still young, here are 15 New Year's resolutions that employers may want to make:
1. Make sure your "independent contractors" are really independent contractors. "Independent contractors" are under scrutiny by the Internal Revenue Service, the U.S. Department of Labor, the National Labor Relations Board, state and local agencies, plaintiffs' lawyers, and union organizers. A misclassification can cost you back taxes, back pay (including overtime), and back benefits, as well as penalties and interest.
2. Review your email policies. The NLRB recently found that employees generally have a right to use employer email systems during non-working time in support of union organizing and concerted activity. The Board's decision means that many employer email use policies, as currently drafted, would probably be found to violate the National Labor Relations Act if an unfair labor practice charge were filed or a union tried to organize employees and argued that the employer's email policy interfered with the organizing efforts. In light of the new "quickie election" rule that the NLRB issued last month, both union and non-union employers would be well advised to review their email policies and revise as needed. (The "quickie election" rule is scheduled to take effect on April 14, but the U.S. Chamber of Commerce and other employer groups, including the Society for Human Resources Management, filed suit on Monday seeking to block the rule.)
It's not too late to register for our webinar on the NLRB's new rules on "quickie elections" and employee email use. The webinar, featuring labor attorneys Tim Davis, Jonathan Martin, and Dan Murphy, is from noon to 1 p.m. Eastern tomorrow (January 8). Be there, or be square!
Posted in Affirmative Action, Americans with Disabilities Act, Employment at Will, Family and Medical Leave Act, Gender Identity Discrimination, Harassment, Protected Concerted Activity, Retaliation, Wage-Hour
You're an employer who tries to do the right thing. But what hidden traps are out there, waiting to grab your ankle and yank you into a lawsuit? Here are a few that cause trouble for even the best employers:
Trap No. 5: Capturing all time worked for your non-exempt employees. We get so accustomed to exempt employees who answer emails at all hours and handle business while driving to and from ...
Posted in Affordable Care Act, Americans with Disabilities Act, Genetic Information Non-Discrimination Act, GINA
Good news! The Equal Employment Opportunity Commission recently announced in its 2015 regulatory agenda that it will be issuing proposed regulations on the impact of the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act on wellness programs. The proposed regs are expected in February.
To read about the continuing saga of the ADA/GINA and employer ...
If news reports are true (and perhaps they are not), then the ex-General Manager of NBC's Today show provides a good example of how not to treat employees.
Jamie Horowitz was hired away from ESPN to save the Today show, which has fallen behind its rival Good Morning America in the ratings.
He was fired only 78 days later, and he hadn't even had a chance to take over the show. His "listening tour ...
What do you really know about the "interactive process" under the Americans with Disabilities Act? This is one area in which I am always getting questions, and I think it's the terminology that scares employers. "Interactive process" sounds so intimidating.
Instead of "interactive process," it should be called "sit-down."
When an individual needs a reasonable accommodation, the ...
Thanks very much to Colin O'Keefe of LXBN-TV for interviewing me yesterday on the EEOC v. Ford Motor Company case that I posted about last Friday. This is the case in which a panel of the Sixth Circuit said that Ford had to offer telecommuting to an employee as a reasonable accommodation under the Americans with Disabilities Act. I was not quite on board with the court's decision ...
Posted in Alternative Dispute Resolution, Blacklisting, Discrimination, Retaliation
NOTE TO READERS (7/18/15): Due to a technical issue with the comments, replies that I tried to make to a number of commenters did not "post." I apologize. I think we have everything fixed now, and I've gone back in this morning and replied to just about everybody unless the comment did not seek a response or I couldn't understand the comment. My responses are under the name "InsiderBlog ...
Robin Shea has 30 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act).
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