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Q&A

Can refusing to renew contract trigger bias case?

04/18/2013

Q. As a small college, we employ quite a few adjunct in­structors, especially for night classes. They work on a term-to-term contract for specific courses. One instructor got a very poor review and we’d like to ease him out. He’s making noises about age discrimination. If we don’t renew his contract but instead use a younger, fresh-out-of-grad-school instructor, could he have a case?

Employee wants an ergonomic desk: Does ADA require that we provide it?

04/16/2013

Q. One of our employees claims he needs an ergonomic desk for health reasons. He seems physically fit and goes “Jeeping” on the weekends. Do we have to start the whole accommodations process?

How do part-timers affect ADA, MHRA thresholds?

04/11/2013
Q. We currently have 15 employees, but several work part time. Are we required to provide reasonable accommodations under the ADA or the MHRA?

Any downsides to a no-fault attendance policy?

04/11/2013
Q. We are thinking about implementing a no-fault attendance policy. We hope it will provide clearer absenteeism rules and make it easier for managers to enforce. Are there any downsides?

Medical certification of need for accommodation is unclear?

04/11/2013
Q. An employee requested an accommodation for a medical issue. We asked her to provide a note from her medical provider regarding the need for accommodation. She brought in a note but it’s unclear what the physician is trying to say. What should we do?

What are the details on new FMLA changes?

04/03/2013
Q. Are we required to put up a new FMLA poster? Did the DOL recently make other FMLA changes we need to know about?

How can I balance ADA with safety concerns?

03/29/2013
Q. Can I consider safety when deciding whether to hire a disabled applicant or retain an employee with a disability?

Must unused ‘floating holidays’ be paid?

03/29/2013
Q. We gave eligible employees a “floating holiday” in lieu of having Dec. 31 as a paid holiday. We generally pay employees for all unused vacation, sick and personal time upon termination, but we have no policy regarding an unused floating holiday. Do we have to pay workers for any unused floating holidays upon termination?

Do OSHA and other laws cover telecommuting?

03/29/2013
Q. We recently hired someone who will be working from home three days a week. Do OSHA’s regulations and standards apply to home offices? And are there any other laws we would need to be concerned about regarding telecommuting?

When do long-term consultants become employees?

03/21/2013
Q. We have some paid consultants who have been working for us for two years. Are there any ramifications if we refer to these consultants as “staff” and enter them in a national database as our staff?