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The Employer Handbook BlogHere’s why it’s important for employees returning from FMLA leave to certify that they are fit for duty
I’m filing today’s post under “FMLA: Back to Basics.” Continue reading
EEOC confirms that new COVID-19 vaccination incentive guidance is coming soon
Image Credit: Photofunia.com
Since the EEOC last updated its “What You Should Know About COVID-19 and the ADA, the Rehabilitation Act, and Other EEO Laws” resource document on December 16, 2020, it published proposed wellness rules only to walk them back less than a week later. So, several business groups wrote to the EEOC asking the big question: to what extent may employers offer employees incentives to get the COVID-19 vaccine without violating the Americans With Disabilities Act and other laws enforced by the EEOC.
It appears that we may get an answer soon. Continue reading
The House approved the Paycheck Fairness Act. Now, it will probably die in the Senate. 💀💀💀
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Senate Democrats, CC BY 2.0, via Wikimedia Commons
“Equal Pay for Equal Work” has been the rallying cry in support of the Paycheck Fairness Act (PFA), which the House passed last week by a 217-210 vote.
According to the U.S. Bureau of Labor Statistics, in 2020, women earned 82 cents for every dollar men received. So, on paper, paying men and women the same wages for the same work — “paycheck fairness” — sounds, err, fair.
So, why has the PFA never reached the President’s desk in any of the past dozen attempts going back to 1997 that it’s been introduced in Congress? Let’s find out. Continue reading
PRO-TIP: Men who smack women at work probably shouldn’t then sue for discrimination.
Daniel Barcelona, CC BY 3.0 <https://creativecommons.org/licenses/by/3.0>, via Wikimedia Commons
Did I ever tell you guys about the wacky race discrimination case I defended involving a male fast-food franchise employee caught on video smacking a female co-worker? Continue reading
Scoop! EEOC won’t cone-done ice cream company’s alleged pro-Hispanic hiring practices
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Nicolas Ettlin, CC BY-SA 4.0, via Wikimedia Commons
You (soft) served up one pun too many, Eric.
Geez! I might have blown my chance at drafting press releases for the U.S. Equal Employment Opportunity Commission. Then again, anything is popsicle when you’re the cream of the crop.
This is, by far, the most important ADA decision so far in 2021.
Image by Mudassar Iqbal from Pixabay
And it’s not at all what you think. Continue reading
An employer is learning the hard way that workers’ compensation is not a shield against the FMLA
Chrisdesign, CC0, via Wikimedia Commons
I’m going to tell you about a Family and Medical Leave Act lawsuit that, IMHO, could have easily been avoided. Continue reading
As a reasonable accommodation, must an employer transport an employee with a disability to/from work?
Image by eiden_kris from Pixabay
One of your employees has a disability that prevents her from getting to work consistently. The problem is that regular attendance is an essential function of the job. So, remote work isn’t an option.
Do you need to provide her transportation as a reasonable accommodation under the Americans with Disabilities Act? Continue reading
This week, we’ve covered the City of Philadelphia and the Commonwealth of Pennsylvania. So, how about Alaska?!?
DrRandomFactor, CC BY-SA 3.0, via Wikimedia Commons
Like Freddie Bisco, the Ferrari salesman from Scent of a Woman, I’m known from coast to coast like butter and toast. Continue reading
It’s your one-stop-shop for all things COBRA premium subsidy. (Thank you, DOL!)
Image by Megan Rexazin from Pixabay
On the last episode of The Employer Handbook Zoom Office Hour, we told you that it was only a matter of time before the U.S. Department of Labor issued both guidance and model notices to support the new COBRA premium subsidy under the American Rescue Plan Act of 2021.
That time is now.