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Employment Law

Remind bosses: You’re liable for disability discrimination

10/03/2008

Having trouble persuading managers and supervisors to report ADA accommodations requests? Tell them they may be held personally liable for disability discrimination under Ohio state law, a much harsher fate than they would meet under the federal ADA …

DOJ to Dayton: Diversify public safety ranks or go to court

10/03/2008

The U.S. Justice Department (DOJ) says the city of Dayton’s hiring practices have systematically discriminated against black applicants for police and firefighter jobs …

DOT violated labor laws, inspector general says

10/03/2008

Since 2005, the Ohio Department of Transportation (ODOT) has paid roughly $6 million in overtime to exempt employees who aren’t entitled to it, according to a report from Inspector General Tom Charles.

Prepare now for changes resulting from ADA Amendments Act

10/03/2008

On Sept. 25, President Bush signed the ADA Amendments Act of 2008, providing greater protection to disabled employees under the ADA. The amendments, which passed the House and Senate with broad bipartisan support, dramatically expand the class of people who are entitled to protection under the ADA.

Employee out on maternity leave: How long must we hold her position?

10/03/2008

Q. How long am I required to hold a position open for an employee who is on leave due to pregnancy? …

Employee out on military leave: How long must we hold his position?

10/03/2008

Q. How long am I required to hold a position open for an employee who needs a leave due to military service? …

Prayer breaks may be reasonable accommodation

10/01/2008

Gone are the days when employers could accommodate employees’ religious practices by being flexible about who worked Saturdays and Sundays. Today, employers may have to offer additional prayer breaks in the middle of the workday, too …

Keep careful track of ADA conversations

10/01/2008

Trying to come up with a reasonable accommodation for a disabled employee? Need more information on her limitations before you can look for possible open positions that may allow her to work? Make sure someone takes charge of coordinating the process so nothing falls through the cracks …

Gristede’s finds you can’t have it both ways on FLSA

10/01/2008

A class of more than 400 current and former managers at Gristede’s grocery stores won summary judgment in federal court on claims that the New York City chain violated the FLSA by treating them as both salaried and hourly employees …

Follow basic rules for job descriptions, interviews to avoid hiring bias

10/01/2008

Want to avoid needless lawsuits from disgruntled applicants? Adopt some basic rules for handling the selection process, and pay special attention to the all-important job description and interview. As the following case shows, employers that follow some simple rules probably won’t lose a hiring discrimination lawsuit …