by Mark I. Schickman
We have been telling you about a big legislative change to the federal labor law around the corner, titled the Employee Free Choice Act (EFCA). If passed (which appears likely), it will require labor union recognition based on employee petitions without any union election. Of course, that move [...]
Posted in California, EFCA, NLRB, Union Organizing, Unions by: California Employment Law Letter
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by Timothy F. Murphy
This week, to review what has and hasn’t changed under the amended Americans with Disabilities Act (ADA), we’re taking a look at a disability discrimination cases that deals with essential job functions and reasonable accommodation. Determining the truly essential functions of a job is often at the heart [...]
Posted in ADA, ADA Accommodation, ADA Amendments Act, Disability Discrimination, Massachusetts by: Massachusetts Employment Law Letter
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Have you ever tried to discipline an employee for workplace misconduct only to hear for the first time that his disability caused the misconduct? Did you then wonder how you should proceed? If that has ever happened to you, then the Equal Employment Opportunity Commission’s (EEOC) recent guidance, “The Americans with Disabilities Act [ADA]: Applying [...]
Posted in ADA, ADA Accommodation, Absenteeism, Disability Discrimination, Discrimination and Harassment, Documentation, Dress Code, EEOC, New York, Performance Evaluation by: New York Employment Law Letter
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In these troubled economic times, the Occupational Safety and Health Administration (OSHA) has hit upon a sure-fire way to increase government revenue without any extra work or change in procedures. If it wasn’t so ominous for employers, we might be tempted to applaud the agency’s ingenuity and audacity.
Required federal and [...]
Posted in Minnesota, OSHA by: Minnesota Employment Law Letter
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(Updated Dec. 4, 2009)
by Douglas R. Chamberlain
When facing financial difficulties, employees often look to their retirement plans as a possible source of needed funds. Many plans offer participant loans or permanent withdrawals, the latter generally on a hardship basis. However, plan loans and withdrawals can jeopardize the employee’s retirement benefits, and [...]
Posted in New Hampshire, Retirement by: New Hampshire Employment Law Letter
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The changes promised by the Obama administration are beginning to take hold at the federal agencies regulating the workplace. Typically, the change in leadership can be a strong predictor of the changes in policies and directions that will be pursued by a new administration.
Not surprisingly, the changes that already have occurred suggest [...]
Posted in DHS, DOL, EEOC, NLRA, NLRB, OFCCP, OSH Act, OSHA, WHD, Washington D.C. by: Federal Employment Law Insider
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