(DEAR READERS: I know that using "Bermuda Triangle" to refer to issues involving the Americans with Disabilities Act, the Family and Medical Leave Act, and workers' compensation is corny, trite, stale, and overdone. But I'm being ironic, so it's ok.)
No. 1: FMLA leave can run _____________ with workers' compensation leave.
A. Consecutively
B. Conformity
C ...
DEAR READERS: Before you accuse me of legal malpractice, take a look at tomorrow's date.
Habit 1: Discriminate, retaliate, harass -- have a ball! There's a new sheriff in town, with a more employer-friendly, compliance-assistance-oriented U.S. Department of Labor (we think) and the nullification of burdensome regulations like the gone-and-not-lamented Fair Pay and Safe ...
On January 31, the Office of Federal Contract Compliance Programs announced that the voluntary self-identification form for individuals with disabilities has been renewed through 2020. The renewed form remains the same with the exception of the new expiration date of January 31, 2020. Federal contractors should begin to use the renewed form or update their electronic versions ...
How much can you do - and not do - about your employees' personal appearance and grooming? Take this quiz and find out! As usual, I'll have the answers at the end, so if you get one wrong, no one but you will know.
QUESTION 1: If I operate in a jurisdiction that doesn't have a law against appearance discrimination, I can make any rules about appearance and grooming that I want.
TRUE
FALSE
QUESTION 2: My employees are required by OSHA to wear masks on the job. The masks are no good unless there is a proper seal around the employee's mouth and nose. Since facial hair prevents a good seal from forming, we have a no-beard policy. I have one employee who is Sikh and wears a beard for religious reasons. What should I do?
A. Let him keep his beard and pray that the mask will work without the proper seal.
B. Tell him he has to shave the beard off or lose his job.
C. Meet with him and explain that the mask is required by OSHA and the safety rationale for the rule. Talk with him about reasonable accommodations, which might include use of a different type of mask that works with a beard, or transfer to another position that doesn't require use of a mask. After you've talked and perhaps consulted with vendors or safety experts, make a determination of what to do that won't violate the law or endanger his safety while accommodating his beliefs as much as you can.
Karla Miller of the "WorkAdvice" column in the Washington Post had a doozy last week.
I'm going to assume that all the people involved in this story are female. I'm probably wrong, but that will allow me to make up fake names for them.
PEANUT BUTTER PASSION
The letter writer (let's call her Zoey), had a peanut allergy and worked in a small office. Zoey asked a co-worker (let's call her ...
I spent some time yesterday at the new Small Business Resource Center, which went live this week on the website of the Equal Employment Opportunity Commission. I think it's great.
Small businesses, which may be just below or at the cusp of coverage by federal anti-discrimination laws, are often confused about (1) whether they are covered, and (2) if so, what they need to do.
The EEOC ...
No more pencils, no more books, no more teacher's dirty looks . . . except for one little quiz on employment law issues that come up during the summer.
NOTE FROM ROBIN: Welcome to our Los Angeles-Century City Office, and to Steve Katz, who will be posting from time to time about the most peculiar of California’s employment laws.
California's wage orders, which regulate working conditions for most industries and occupations, require that "[a]ll working employees shall be provided with suitable seats when the nature of the work ...
If your employee isn't a professional driver but spends a lot of time on the road, how "essential" a job function is driving for ADA purposes? Is driving "essential" at all?
In what I consider to be a very significant result under the Americans with Disabilities Act, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit recently ruled that driving might not be an ADA ...
Who's been naughty and who's been nice in labor and employment law? Here are my picks for 2015. Feel free to add your own in the comments.
NAUGHTY!
The National Labor Relations Board, for being naughty in too many ways to mention. Its rules on employer handbook policies, including confidentiality and social media, are unrealistic and almost impossible for employers to legally follow ...
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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