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State and federal courts have made it clear that when an employee is disabled but wants to work, you must go the extra mile to determine whether you can offer a reasonable accommodation. This point was driven home again recently when the Ninth Circuit Court of Appeals upheld a large verdict for an injured employee […]
Figuring out your obligations under the Family and Medical Leave Act can be tricky. But you can make compliance easier by educating your managers about the law’s basic requirements and some special rules under the California Family Rights Act. Here’s a checklist of basic facts and practical tips to help supervisors avoid the most common […]
Equal pay for equal work is a hot issue. And disputes over whether a female employee is entitled to receive the same compensation as a male co-worker typically focus on whether they perform substantially similar work. Now a new case involving a human resources administrator provides a practical look at some factors courts weigh when […]
Current and former employees are increasingly bad-mouthing their companies by posting negative and possibly defamatory comments about their employers on the Internet. And some employers have gone to great lengths to find out who is responsible. With layoffs on the upswing, employer-bashing is likely to grow as the number of disgruntled workers increases. Now a […]
Last year, the federal Ninth Circuit Court of Appeals ruled that under the Americans with Disabilities Act, a seniority system must give way to accommodations unless they cause an undue hardship. The case involved an employer-created seniority system, but it left open the question of its application to seniority provisions contained in union contracts. Now, […]
Many employers don’t know they may have Americans with Disabilities Act obligations when they hire temps or other contingent workers through a staffing agency. New Equal Employment Opportunity Commission guidelines hold employers and staffing agencies—including temporary employment agencies, contract firms and employee leasing companies—jointly responsible for ADA compliance. Employment Offers And Disability-Related Questions The staffing […]
The U.S. Department of Transportation has implemented several changes in drug and alcohol testing regulations that impact transportation employees in safety-sensitive positions, such as bus drivers, railroad workers, airline mechanics and flight crews. The most important changes involve validity testing, which is designed to detect samples that have been tampered with or substituted. To ensure […]
Employers often worry about getting hit with age-bias lawsuits when there’s a reorganization and older workers who don’t fit into the new company structure are let go. A recent case highlights some important issues to pay attention to during layoffs to help avoid age-related claims. Older Worker Loses Job In Reorganization Jerry Jeney was a […]
Under changes to the state disability discrimination law that took effect January 1, you can be sued for failing to cooperate with a disabled employee to determine whether they need a reasonable accommodation and to explore available options. A new California Court of Appeal decision provides more detail on how you and the disabled employee […]
The U.S. Supreme Court has unanimously upheld an arbitrator’s decision reinstating a truck driver who twice failed required drug tests after testing positive for marijuana. Eastern Associated Coal Co. argued that it had the right to terminate the worker as a matter of safety and public policy under federal Department of Transportation safety regulations. But […]