Last night, while you we sleeping in your comfy beds — me, on a pile of money, blogging power and, yes, ego — a Texas federal judge entered an injunction against the final “blacklisting” rules and guidance of the U.S. Department of Labor (DOL) and the Federal Acquisition Regulatory Council.
.png "By Steph141disavowed (Own work) [CC BY-SA 4.0 (http://creativecommons.org/licenses/by-sa/4.0)], via Wikimedia Commons")
Hold up. I need to catch my breath after last night’s episode of The Walking Dead.
(Don’t worry. No spoilers ahead).
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.
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 all, yeah, sorry.
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.
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 returning from leave should be restored to the same position (or an equivalent position with equivalent benefits, pay, and other terms and conditions of employment).
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 up with some other recent HR-compliance nuggets:
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.
Yesterday, the U.S. Equal Employment Opportunity Commission announced (here) that its General Counsel, David Lopez, would be leaving the agency in December.
The Employer Handbook Blog.jpg "By greeblie from US (Instrument Of Evil?) [CC BY 2.0 (http://creativecommons.org/licenses/by/2.0)], via Wikimedia Commons")