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Whether you were celebrating the second day of Rosh Hashanah, otherwise too busy at work, or love relistening to FMLA webinars, check out a recording of the webinar I presented with a few others yesterday for the Disability Management Employer Coalition (DMEC). Continue reading
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Often, when I present at HR events on reasonable accommodations under the Americans with Disabilities Act, I’m asked about how to deal with disciplining employees who wait until after the performance issues arise and the progressive discipline follows to request an accommodation.
Specifically, do you have to excuse prior performance issues that may have been disability-related? The answer was no.
And based on this federal court opinion I read recently, the answer is still no. Continue reading
Let’s assume that you run a business that may operate illegally under federal law. Continue reading
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(Eric, have you been drinking Peach Schnapps again?) Continue reading
Photo via Good Free Photos
Please don’t tell my wife. Continue reading
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Yesterday, the U.S. Department of Labor announced here that it will issue a final overtime rule today. Most notably, the DOL is updating the earnings thresholds necessary to exempt executive, administrative and professional employees (EAPs) from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements.
Below, I’ll address that new salary level and just about everything else that employers need to know about this new rule: Continue reading
By Shane Smith, CC BY-SA 3.0, Link
An employee with severe shoulder pain sought and received from his employer leave under the Family and Medical Leave Act. The employer notified the employee that the leave was limited to up to four medical appointments per year and for monthly flare-ups lasting up to three days per episode.
Then, things got curious.
Continue reading
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It’s called the FAIR Act, which stands for the Forced Arbitration Injustice Repeal Act. The FAIR Act would amend the Federal Arbitration Act to prohibit a pre-dispute arbitration agreement from being valid or enforceable if it requires arbitration of an employment, consumer, antitrust, or civil rights dispute. Continue reading
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I can often draw upon my years of experience as an employment lawyer to predict from reading the first paragraph of a federal court opinion how the court is going to decide the discrimination claim before it. Continue reading
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On Monday, I blogged (here) about a manager who commented on the hands of a female employee who had suffered severe nerve damages to them after a car accident. He called her hands “disgusting.”
It didn’t end well for the employer. Continue reading
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