Democrats and Republicans don’t often see eye to eye on new employment legislation. Except, it seems, when Gretchen Carlson spearheads the effort to get these new bills passed. In March, President Biden signed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021 into law. That law…
I have another HR tip related to yesterday’s blog post and accommodating employees under the Americans with Disabilities Act and what counts as an essential job function. Generally, the essential functions of the job are the ones that employees perform the most. However, there are situations where rarely-performed tasks can…
If you’re in Human Resources, you’ve probably dealt with this issue before. An employee with a disability submits a doctor’s note expressly instructing the employee to avoid performing certain essential functions of their job. But the employee tells you that they can do those tasks anyway, if truly necessary. Does the Americans…
This has been an interesting start to the week at The Employer Handbook, from six-year-olds slinging racial epithets to expectorating employees. But I’m here for it. And I’m glad that you are too. I’ve fielded my share of unusual disability accommodation requests. But allowing an employee with a condition caused…
In my many years of practicing employment law, I’ve seen hostile work environment accusations leveled against owners, supervisors, co-workers, subordinates, customers, vendors, and many others. But accusing a young child of racial discrimination is a new one for me. In this case, the plaintiff alleged that she was subjected to…
This situation comes up fairly often. An employee with a disability can’t perform their job, and needs leave to recover and return to work. We know that indefinite leave is not a reasonable accommodation. But what about taking leave with only an “expected” return to work date? Is that too…
If you’ve procrastinated all week, you still have a few hours to register for this week’s edition of The Employer Handbook Zoom Office Happy Hour, which returns today, October 28, 2022. We’re discussing leave rights and accommodations in hybrid and fully-remote workplaces. Click here (https://bit.ly/HybridRemoteAccommodations) to register. We lucked out with my…
In today’s post, I had planned to dispense some wage-and-hour tips for employers seeking to adjust hourly pay rates. And then the employment law gods spoke to me and said, “Eric, this blog is about the clicks, not curing insomnia.” Ok, then. Let’s go with this recent federal court decision…
Two women who worked for a home healthcare company in Tennessee claimed that their religion motivated their employer to fire them. But from the jump, the plaintiffs had a problem. The complaint that they filed in court belied their claims. According to the Sixth Circuit’s opinion, the defendant hired the…
I’m unsure if we can top this past Friday’s edition of The Employer Handbook Zoom Office Happy Hour. My FisherBroyles partners, Justin Nahama and Amy Epstein Gluck, were fountains of insight and warmth on how companies can improve employee wellbeing. You can watch the replay here on The Employer Handbook YouTube Channel…