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Employment Law

Take the easy way out on most requests for disability accommodations

10/02/2023
There’s a right way and a wrong way to respond to a disabled employee’s request for a reasonable accommodation. When an accommodation would cost little or nothing to provide, the right way is usually obvious to most employers. Then there’s the wrong way, as this case shows.

In Disability Employment Awareness Month, most believe disabled Americans need more job assistance

10/02/2023
A full 93% of 1,000 employed Americans and 1,000 employed Americans with disabilities surveyed by disability employment organization SourceAmerica said the private sector and government should take a more active role in supporting employment opportunities for people with disabilities.

Stats show unions gaining support, clout

10/02/2023
As the United Auto Workers strike against the Big 3 automotive manufacturers entered its third week—and just a day after the Writers Guild of America won major concessions to end its strike against the Alliance of Motion Picture and Television Producers—it’s clear that organized labor is on a roll.

Unions on the rise: What the NLRA won’t let you do

09/29/2023
With labor unions making news nationwide, now is a good time for all employers to revisit their obligations under the National Labor Relations Act. Remember, the NLRA probably applies to you regardless of whether your employees belong to a union.

Recalling staff after layoff? Ensure rehiring isn’t biased

09/27/2023
Before approving a rehire list, make sure you can explain any potentially discriminatory impact and the process you used to determine who would return to their jobs.

Consider addressing menopause care with your company’s portfolio of benefits

09/27/2023
According to a new study by the Mayo Clinic, employees going through menopause are more likely to miss work, cut back to part-time status or even quit. That can mean losing employees at an age when their experience and talent are at their peak.

Legal arguments take shape as business groups oppose new overtime rule

09/25/2023
The Department of Labor’s proposed rule to raise the white-collar overtime salary threshold to $55,068—up from the current $35,568—will almost certainly face legal challenges in coming months. Business advocacy groups and some conservative politicians have vowed to sue to prevent the rule from taking effect.

Be prepared to prove why remote work isn’t a reasonable disability accommodation

09/25/2023
In many cases, disabled workers qualify for telework as an ADA reasonable accommodation if working from home instead of an office enables them to perform their job’s essential functions. However, that doesn’t mean employers must always grant a request to work remotely. If the job simply can’t be done offsite, then telework isn’t a reasonable accommodation.

Accommodating employees with visual impairments

09/20/2023
About 18.4% of all U.S. adults are visually impaired, according to the Centers for Disease Control and Prevention. Visual impairments and related limitations may qualify as disabilities under the ADA and require reasonable accommodations.

Schedule changed after FMLA leave? Be able to show why

09/20/2023
If you need to make a schedule change after a worker returns from FMLA leave, have (and document) a legitimate business reason.