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The Employer Handbook Blog

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“I was late for work because the universe told me to take the day off.”

According to a recent CareerBuilder survey, we’re fast approaching that time of year when employees call out sick the most. Most employees stay home when sickness strikes hardest: December (20%), January (15%) and February (14%).  But how often are employees who call out sick actually under the weather? The survey indicates that…

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Attendance may be an essential job function under the ADA. But, how do you know?

The regulations to the Americans with Disabilities Act include a non-exhaustive list of reasonable accommodations that may apply to allow an employee with a disability to perform the essential functions of the job. They include job restructuring; part-time or modified work schedules; reassignment to a vacant position; acquisition or modifications…

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Fired for a mouth full of coffee? That’s a new one. Or, maybe, age discrimination.

WWE great The Undertaker is 50 years old. He’s an eight-time Heavyweight Champion. But, his greatest feat is never missing one of my posts his streak of 21 consecutive wins at Wrestlemania. But then, at Wrestlemania XXX, the streak ended. Do you think that The Undertaker’s age motivated the WWE’s decision…

Posted in: Age
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The Employee Free Choice Act (a/k/a Card Check) is back #efca #efcafail

Remember the Employee Free Choice Act? Back in 2009, the Employee Free Choice Act, also known as “card check,” was introduced in both the Senate and House. The bill had three components: Requiring that an employer recognize a union if over half of the employees in the proposed bargaining unit signed union…

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A job duty performed 5% of the time is probably not ADA-essential, you guys

“Smithers, refill my lime rickey. And find me a dunce cap. Post haste.” The Americans with Disabilities Act requires employers to provide a reasonable accommodation, upon request, to an individual with a disability to enable that person to perform the essential functions of the job. Oftentimes, the questions arises: What are…