Archive for the 'ADA' Category

Practical Job Descriptions

April 21, 2011 at 9:00 pm by: Vermont Employment Law Letter

Should our company use job descriptions? How long should they be, and what information should they contain? Do they really serve a useful purpose?
We get those questions all the time, and the answer is always the same: Yes, employers should use lean, practical job descriptions that accurately reflect essential job duties because they serve an [...]

Unemployed Job Applicants Pose Practical and Legal Dilemmas for HR

March 3, 2011 at 9:00 pm by: Wendi Watts

Employers have started hiring again and are often overwhelmed with huge numbers of resumes, even for entry-level positions. Some companies have decided that an effective way to identify the best candidates is to refuse to consider job applicants who are currently unemployed. But a number of human resources professionals, the Equal Employment Opportunity Commission (EEOC), [...]

Top 10 Potential Perils of Employment Policies

January 27, 2011 at 9:00 pm by: Alabama Employment Law Letter

Almost every employer has policies. The question is, where do they come from? They come from HR, right? But where does HR get them? They must get them from somewhere. And what if you don’t have an HR department? Then someone must have to — gasp — write them. We’re talking about your employment policies [...]

EEOC Claims Reach Record Level, What Employers Can Do

January 13, 2011 at 12:08 pm by: Wendi Watts

When the economy declines, it’s a safe bet that the number of discrimination claims filed against employers will increase. And as we are currently in the worst economic climate since the Great Depression, employment law attorneys weren’t surprised when the Equal Employment Opportunity Commission (EEOC) reported this week that it received an unprecedented number of [...]

How to Screen Job Applicants and Avoid Liability

January 6, 2011 at 9:00 pm by: Arkansas Employment Law Letter

Q: I own and operate a business in which physically demanding work is part of the employees’ daily activities. I recently hired several employees who I thought were qualified for the job. However, I quickly learned that they weren’t in good enough health to do what was required of them. This is causing a lot [...]

Debunking Common FMLA Myths

October 28, 2010 at 9:00 pm by: Indiana Employment Law Letter

by Joseph C. Pettygrove
The Family and Medical Leave Act (FMLA) was very complicated when it was originally enacted in 1993. The sheer number of complaints filed with the U.S. Department of Labor (DOL) and the courts since then confirms that employers and employees have long disagreed about how the law applies in their individual circumstances.

Must an Employer Grant Permanent Intermittent FMLA Leave?

September 23, 2010 at 9:00 pm by: North Dakota Employment Law Letter

Maybe not, according to a recent decision from the Eighth U.S. Circuit Court of Appeals. The case has many people wondering if reevaluation of the word “leave” in the Family and Medical Leave Act (FMLA) may be on the  horizon.
FMLA Complete Compliance

Health Care Reform Gives Employer Wellness Programs a Boost — But Be Careful

September 16, 2010 at 9:00 pm by: Mississippi Employment Law Letter

by  Susan Fahey Desmond
Well, here it is — the Health Care Reform and Control Act. Beginning January 1, 2014, every individual will be required to have “minimum essential coverage” through individual market, employer-provided or certain other coverage (e.g., Medicare or CHIP).  Also, beginning January 12, 2014, any employer who employed an average of 50 employees [...]

Five Steps to Protect Your Company from Claims under New ADA

September 9, 2010 at 9:00 pm by: Virginia Employment Law Letter

by Jonathan R. Mook
Even though the Equal Employment Opportunity Commission (EEOC) hasn’t issued final regulations on the ADA Amendments Act (ADAAA) yet, you still must comply with the ADAAA, which took effect at the beginning of last year. In this article, we’re addressing the defense of claims under the new Americans with Disabilities Act [...]

Quick, Name Biggest Workplace Legal Issue of 2010 So Far

September 7, 2010 at 1:42 pm by: HR Hero Line

What is the biggest employment law challenge employers have been facing thus far in 2010? An easy answer might be health care reform since companies have indeed started wrestling with whether to grandfather their benefits plans or strike off in a new direction under new sets of rules and regulations.
But for many employment law attorneys [...]