Detroit bankruptcy: a new path
(November 29, 2013)
Detroit is leading the pack again. Unfortunately, the ignominious trail the Motor City is blazing leads to federal bankruptcy. Although Detroit is the largest U.S. city to take this path to date, the financial difficulties it hopes to solve are hardly unique in recent years. Detroit’s experience could establish a workable model for other troubled municipalities to follow.
Giving thanks: an employment lawyer's list
(November 27, 2013)
As the holidays approach, we’ll gather with loved ones and hopefully have a chance to reflect on what we’re thankful for in our personal lives. In keeping with that tradition, we’ve given some thought to what we, as employment lawyers who represent businesses, are most thankful for when it comes to our clients.
Supreme Court agrees to hear
ACA contraception coverage case
(November 26, 2013)
Although the Affordable Care Act (ACA) overcame a large hurdle when the U.S. Supreme Court upheld its provisions (including the individual mandate) last year, the Court announced today that it would take another look at the law. This time, it will be reviewing another one of the law’s controversial mandates—the contraceptive mandate.
Construction association sues to stop
OFCCP's new affirmative action rule
(November 23, 2013)
On November 19, 2013, Associated Builders and Contractors (ABC), a national association for the construction industry, filed a request for an injunction in the U.S. District Court for the District of Columbia to stop the U.S. Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) final rule affecting federal government contractors, including construction contractors. The final rule implementing Section 503 of the Rehabilitation Act dramatically alters federal contractors’ existing affirmative action and nondiscrimination obligations for individuals with disabilities. The rule is schedule to go into effect March 24, 2014.
Recruiting talent or trouble?
What recruiters need to know
(November 22, 2013)
Finding just the right person for a job is the constant challenge for recruiters. Even when they have the benefit of up-to-date training, high-tech tools, and good common sense, they often face an uphill struggle. They’re either inundated with applications—many from unqualified candidates—or they’re left with a very small number of suitable applications. CareerBuilder recently conducted a study of jobseekers and recruiters and came up with some tips for frustrated recruiters.
A new affirmative action obligation
(November 20, 2013)
True or false: You cannot ask a job applicant if she has a disability and consider her answer during the hiring process. I would have said true―you can’t inquire about a disability. Rather, the question for every job applicant is the same: Can you perform the job’s essential tasks with or without reasonable accommodation? If an applicant appears physically unable to do the job, you can ask her to show you how she will perform the essential job duties. But any disability itself is not a topic of conversation.
Common question of the season:
Can employees be required to take flu shots?
(November 15, 2013)
It’s flu season, a time when every cough and sneeze can strike fear into the hearts of both employees and employers. Nobody wants to come down with a coworker’s case of flu, and employers needing all hands on deck don’t want significant numbers of workers out sick. Therefore, some employers—particularly those in the healthcare field—mandate flu shots for everyone.
Governor signs Hawaii's
Marriage Equality Act of 2013 into law
(November 14, 2013)
Governor Neil Abercrombie has signed into law the Hawaii Marriage Equality Act of 2013, which defines marriage in Hawaii as between “individuals without regard to gender.” Hawaii is the 15th state to give same-sex couples the right to marry. The law goes into effect December 2.
Tough terminations: Handling the fallout
(November 13, 2013)
Firing an employee—especially a longtime employee who seems to be a loyal, hardworking asset to the employer—is never easy. But policies exist for a reason, and when they’re broken tough decisions need to be made.
Obama administration issues long-awaited
mental health parity regulations
(November 8, 2013)
Today the Obama administration released final regulations implementing the Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008 (MHPAEA). The MHPAEA is designed to make sure mental health and substance use disorder benefits offered by health plans are in parity with the medical and surgical benefits the plans offer.
Obligations and opportunities in dealing
with veteran employment issues
(November 8, 2013)
Monday is Veterans Day, so we wanted to take this opportunity to remind you of some of the laws that regulate employing the men and women who have served our country as well as the opportunities that come along with employing veterans.
Got conflict? Help managers know what to do
(November 6, 2013)
It’s a rare workplace that seldom experiences conflict. In fact, a 2008 global study on workplace conflict found that 85 percent of employees in the study experienced conflict at some level, and 36 percent of U.S. employees said they had to deal with conflict always or frequently. Globally, that figure was just 29 percent.
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