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 […]

Americans with disabilities Act (ADA)

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 […]

USERRA and FMLA and ADA

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.

ADA Persons with disabilities have equal rights in the balance with healthy people. Concept of social equality of disabled people in society

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.

Form I-9 Compliance - Verification and Employment Certification Program

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 […]

Time to act 2020 final rule on overtime eligibility for white collar employees.

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.

Sexual Harassment Prevention, Law and Investigation Technique Certificate Program

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 […]

Americans with Disabilities Act (ADA) and Interactive Process Employee and Labor Relations

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 […]

Persons with disabilities have equal rights in the balance with healthy people. Concept of social equality of disabled people in society

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 […]

Sexual harassment training employment laws

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 […]

FMLA, ADA, PDA Employment Laws, Lawsuits

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 […]