The Americans with Disabilities Act may protect a “qualified” individual who suffers of alcoholism who can meet the definition of “disability.”
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) […]
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 […]
How soon must a person report back to work or apply for reinstatement after returning from Military Service?
As 2020 is fast approaching. we need to ensure we are following the correct steps for verifying employment work eligibility.
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).
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.
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 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.
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.
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 […]
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.
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 […]
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 […]
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 […]
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!
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 […]
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, […]
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 […]
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 […]
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 […]
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 […]
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 […]
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 […]
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.
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 […]
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 […]
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!
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 […]
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.
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 […]