The Americans with Disabilities Act may protect a “qualified” individual who suffers of alcoholism who can meet the definition of “disability.”
Employers Obligation to Prevent and Investigate Sexual Harassment Cases
Sexual harassment continues to be a serious problem in today’s workplace, where managers, supervisors and owners are involved. Workplace sexual harassment is defined by the Equal Employment Opportunity Commission (EEOC) as “unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature that explicitly or implicitly affect an individual’s […]
Having an Accommodation Mind-Set! It’s that Simple!
The average unemployment rate in the U.S for those without a disability has been around 3.7% versus 8% for people with a disability. If you are in HR, remember that you have a magic wand in your hands and can make magic, magic to positively impact the lives of those workers with disabilities. It is […]
Did You Know? Reinstatement After Returning from Military Service
How soon must a person report back to work or apply for reinstatement after returning from Military Service?
I-9 Interesting Facts
As 2020 is fast approaching. we need to ensure we are following the correct steps for verifying employment work eligibility.
Did You Know? Intermittent ADA Does not Exist!
Erratic, unpredictable absences such as allowing an employee to come in and leave at any time is not a reasonable accommodation as per the Americans with Disabilities Act (ADA).
Are Employers Required to Use the FMLA Forms from the Department Of Labor?
Employer’s failure to provide proper FMLA notices to the employees will be ruled by courts as interference with employee’s rights. So many cases have resulted in employers paying $275,000 or more for failure to comply. Notification is a vital component of FMLA leave.
Temporary to Regular Employees and FMLA
Here is a typical question about FMLA that I will receive from my clients: “I have an employee who started in our company about a year ago as a temporary employee from ABC Staffing Company. Two months ago, the employee was hired by our company as a regular full-time employee. The employee now needs surgery and is requesting FMLA. We denied the employee’s FMLA request since he has not met the eligibility requirements. The employee only has two months of service since we hired him. Do we need to worry about any problems? We are correct, right?”
The Interconnection between USERRA, FMLA & ADA
The Uniformed Services Employment and Reemployment Rights Act (USERRA) is a federal law that provides reemployment rights for veterans and members of the National Guard and Reserve following qualifying military service. It also prohibits employer discrimination against any person on the basis of that person’s past USERRA-covered service, current military obligations, or intent to join one of the uniformed services.
Failing to Engage in the Interactive Process with a Disabled Employee is Illegal
ASICS America Corporation (ASICS), a manufacturer of athletic footwear and accessories, violated federal law by firing a temporary worker because of her disabilities, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today.
I-9 Compliance Test Your Knowledge
Are I-9 Forms available in other languages? Can employers in the United States use the Spanish version of the Form I-9? How can the Spanish version be used in the United States? Which version needs to be retained in the employer’s records? Are employees in Puerto Rico required to use the Spanish version of the […]
2020 Final Rule on Overtime Eligibility for White Collar Employees
2020 Final Rule on Overtime Eligibility for White Collar Employees – The effective date of this final rule is January 1, 2020. The final rule updates the earnings thresholds necessary to exempt executive, administrative and professional employees from the Fair Labor Standards Act’s (FLSA) minimum wage and overtime pay requirements, and allows employers to count a portion of certain bonuses/commissions towards meeting the salary level. The new thresholds account for growth in employee earnings since the thresholds were last updated in 2004.
What if I Got My HR Certifications?
Earning HR Certifications Sets You Apart from the Competition and Increases your Personal Satisfaction Based on census data there are approximately 1.5 million to 2.2 million HR professionals in the USA. According to Salary.com, the salary range for a Human Resources Manager is $91,036 to $114,966. And the salary range for a Human Resources Director […]
I Can Do It, I Can Do It, I Can Do It…. I DID IT!
Believe in yourself, believe in your capabilities, believe in your dreams! If you don’t believe in yourself, do you think somebody else will? If you don’t believe in yourself, how can you achieve the level of success you want i.e. start your own business, write that bestselling book, buy a new house, start a family, […]
Sexual Harassment and Constructive Discharge: Prevent, STOP or Pay!
No employee should ever have to endure a sexually degrading and humiliating work environment to make a living. However, last year the EEOC obtained $56.6 million for monetary benefits to victims of sexual harassment. This is the highest amount ever obtained by the EEOC for Sexual Harassment claims. Here is the most recent case announced […]
Be Bold, Push Yourself to Do Certain Things Even if They Scare you to Death!
Being a woman in Business comes with lots of challenges! It does not matter if you are Latina, Caucasian, African American or Asian! We all face the same barriers!
The Interactive Process Summarized in Three Words: YES I CAN!
Held each October, National Disability Employment Awareness Month (NDEAM) is a campaign that raises awareness about disability employment issues and celebrates the many and significant contributions of America’s workers with disabilities. To continue bringing this awareness, I want to share the following question I received from one of my clients this morning. An employee gave […]
Failure to Provide Reasonable Accommodations under ADA, get the Check Ready for $5.2 million!
Jury Awards $5.2 Million Against Walmart in EEOC Disability Discrimination Case after determining that the company violated federal law when it refused to accommodate the disabilities of a longtime employee, and awarded $5.2 million in damages. According to the EEOC’s lawsuit, an employee, who has a developmental disability and is deaf and visually impaired, worked […]
Very Costly Inquiries in the Interview Process!
Discrimination, Discrimination and more Discrimination! Do you have a disability? Have you filed any Worker’s Compensation Claims? What prescription drugs are you currently taking? How many days have you called out during the last six months due to sickness? Have you ever been treated for mental health problems? Have you ever been treated for alcohol […]
There is NO EXCUSE for Sexual Harassment in the 21st Century!
No employee should have to endure being subjected to sexual harassment in order to earn a living! NO, NO, NO! In fiscal 2018, the EEOC recovered almost $70 million for sexual harassment complaints, up from $47.5 million in fiscal year 2017. Sexual harassment remains a persistent problem in the workplace that does not seem to […]
Common Sense IS NOT Very Common!
Would you fire a woman that was 5 months pregnant only because she was pregnant? Would you terminate older workers and replace them with younger ones because it is time for them to “rest”? Well, some companies are making these kinds of decisions and think it is OK! Employment discrimination lawsuits continue to climb and […]
Wait a Minute! Why Am I Getting Paid Less Than My Male Coworkers?
It has been 56 long years trying to close the wage gap! Too long with too little success… The Equal Pay Act was signed in 1963, making it illegal for employers to pay unequal wages to men and women who hold the same job and do the same work. At the time of the EPA’s […]
FMLA Interference or Simply Confused?
Who wants a Family Medical Leave Act (FMLA) interference lawsuit? Not me! Interference and retaliation are the two words you don’t want to hear in regards to FMLA. In addition to the employer being liable, HR, managers and supervisors can also have personal liability. If you would like to learn more about FMLA and ADA […]
Father Wants “Baby Bonding”, What Form is Required?
The Family Medical Leave Act (FMLA) allows eligible employees to take up to 12 weeks of FMLA leave in a 12 month period for the care of and bonding with a newborn, adopted or foster child up to one year after birth or placement. I call this FMLA leave “Baby Bonding with a healthy newborn”; […]
FMLA or no FMLA if Less than 50 Employees? That is the Question!
FMLA or not FMLA if Less than 50 Employees? That is the Question! The Family and Medical Leave Act (FMLA) entitles eligible employees of covered employers to take unpaid, job-protected leave for a specified family and medical reasons.
FMLA Eligibility and Telecommuters
Telecommuting is becoming a popular work arrangement in which the employee works outside the office, often from home. Just as popular as telecommuting is becoming, so is the question “Are employees working from home eligible for FMLA“? A lot of people believe that if there is not at least 50 employees within a 75 miles […]
FMLA and Spouses Working for the Same Employer
Most HR professionals are aware of at least one situation where FMLA limits the combined amount of FMLA leave, eligible FMLA spouses working for the same employer can take in a 12 month period. But do you know there are are two more situations? Let’s start by reviewing the eligibility requirement for an employee to […]
Yes I can, yes you can!
Yes I can, yes you can! It’s all in your mind, where there is a will, there is a way! Early in my life I learned that if I wanted something I was going to work, work and work for it. Nothing falls from the sky…..except rain and bird droppings sometimes! Whatever your goal is, don’t wait for somebody to come with a magic wand into your life and make it happen….life is too short and you may spend years waiting for something that may never happen! You go and accomplish your goals! It does not matter if it’s just one step at a time. It does not matter how many obstacles you find on the way. It does not matter how many times you try. It does not matter how many times you fall. You get up over and over again and you keep going! Scared to go after your dreams? Do it, even if you are scared. It’s all in your mind, yes you can, yes you can, and yes you can, end of the story and end of the excuses!
Americans with Disabilities Act (ADA) and the Interactive Process
Does your heart start racing and do you experience heart palpitations when you hear the words “ Interactive Process? ” Well, relax and breathe! Heart palpitations are scary, but in the long-term, they are harmless to your physical health, which means you will survive handling an Interactive Process! Interactive Process is Not as Scary as […]
Baby or Job?
No women should ever have to fear losing her job because she wants to be a mother, but despite the passing of the 1978 Pregnancy Discrimination Act (PDA), lawsuits due to violations of PDA have risen nearly 50% in the last fifteen years.
Baby Bonding and FMLA
We like to call it “Baby bonding” but the Family Leave Act refers to it as “Leave to bond with a newborn child or a child placed for adoption or foster care”. By now, you probably figured out that I have love to talk and write about the Family Medical Leave Act (FMLA) and Americans […]