Image Credit: Photofunia.com (https://photofunia.com/results/5d92b3c0089f7a3a938b457d) 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…
Image by CMElixirs from Pixabay Let’s assume that you run a business that may operate illegally under federal law. For example, what if your business provided security services for the marijuana industry? Marijuana is a Schedule One drug. Schedule One drugs are illegal under the federal Controlled Substances Act. So,…
Image Credit: Photofunia.com (https://photofunia.com/results/5d8ded1e089f7aab308b457c) (Eric, have you been drinking Peach Schnapps again?) No, my college August days are long behind me. And there’s an actual HR-compliance point to this post. Last night, on my flight back from Phoenix where I was explaining how to avoid workplace investigation missteps to attendees…
Photo via Good Free Photos Please don’t tell my wife. Although, it’s not like I’ll be cheating. Rather, we’ll just have some purely platonic discussion about HR compliance. Try not to catch the vapors. On Tuesday, October 1 at 12:00-1:30 PM ET (9:00-10:30 AM PT), you can join me and…
Image Credit: Pexels.com (https://www.pexels.com/photo/2018-alarm-clock-balance-business-612051/) 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…
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…
Image Credit: Photofunia.com 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.…
Image Credit: Publicdomainfiles.com (http://www.publicdomainfiles.com/show_file.php?id=13929356417087) 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. Let’s see what you think. Here’s the first paragraph…
Image Credit: @bstroy.us on Instagram (https://www.instagram.com/bstroy.us/) 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. Over on LinkedIn,…
Fred the Oyster [Public domain], via Wikimedia CommonsOne of the first hits when you Google ‘resignation letter’ is this career advice from Monster. The job board offers some tips for crafting a letter of resignation, among them: a statement of intent that you will be leaving your job, the date…