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Did a federal appellate court just require employers to invent ADA crystal balls?

Actually, as I see it, yes, Eric is utilizing hyperbole. But, this recent Eighth Circuit opinion in a case involving the duty to accommodate under the Americans with Disabilities Act is a dicey one for employers. The plaintiff in Kowitz v. Trinity Health (opinion here) began working  as a respiratory…

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Folks, let’s dispel some FLSA myths about salaried employees

If I had a quarter for every time I heard someone criticize me for acting aloof at Starbucks by ordering a “medium” rather than a “grande” use the term “salaried-exempt,” I could play air hockey all day at Chuck-E-Cheese. Hmm, that sounded less creepy in my head. But, seeing it typed out and…

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The EEOC has released its enforcement playbook for the next four years. Want a peek?

You’re almost there. The only thing that can stop you now is this Calvin Harris tune that’ll get stuck in your head all day. Whew! You made it! Yesterday, the EEOC announced (here) updates to its existing Strategic Enforcement Plan. Under the existing plan, which expires at the end of…

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Getting Back To FMLA Basics: Don’t mess with the pay of an employee on leave

  With all those notice requirements and certifications and such, it’s easy to get bogged down in the minutia associated with an employee’s request for leave under the Family and Medical Leave Act. But, a recent case is a good reminder not to overlook a basic FMLA tenet: an employee…

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I’m training the U.S. Army South on social media at work, and other news…

Yep, if you need me this morning, I’ll be at Fort Sam Houston, giving my spiel to U.S. Army South and some folks from Guantanamo Bay on social media and the workplace. How cool is that! (In a dorky lawyer kinda way). While that’s going down, let me catch you…

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And speaking of LGBT rights at work, here are two more recent victories for HR to ponder

As a corollary to yesterday’s post about David Lopez stepping down as EEOC General Counsel — *** Googles “corollary” — swish! *** — I bring you news of two recent court decisions advancing LGBT rights at work. 7th Cir. – Maybe Title VII protects workers from discrimination based on LGBT status after all. Earlier this…

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The EEOC has some hella-big general counsel shoes to fill

Yesterday, the U.S. Equal Employment Opportunity Commission announced (here) that its General Counsel, David Lopez, would be leaving the agency in December. David was the first EEOC field trial attorney to be appointed as the agency’s general counsel, the first Latino general counsel, and, after 6 1/2 years, is the longest-serving general…

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A new SHRM study should have employers reexamining their policies on parental leave

On average, organizations gave mothers 41 paid days of maternity leave, compared with 22 paid days of paternity leave for fathers. That statistic comes from 2016 Paid Leave in the Workplace, a survey recently conducted by the Society for Human Resource Management. Does this disparity demonstrate discrimination against men? Not necessarily.…

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3d Cir: Employers cannot use paid meal breaks to offset unpaid overtime

A few weeks ago, I blogged here about a federal agency — one that rhymes with EEOB — reaching a 7-figure settlement with its workers of alleged Fair Labor Standards Act overtime violations involving comp time. Last week, the Third Circuit Court of Appeals issued an opinion, in which it…