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Employment Law

ADA: Don’t rush to scrap essential function

04/21/2015

It’s not always possible to accommodate an employee’s disability. Employers do have to consider possible accommodations that allow a disabled employee to retain his job. However, it is unreasonable to expect the employer to entirely eliminate an essential job function.

Proposed wellness rules balance ADA, HIPAA

04/21/2015
The EEOC has issued proposed rules explaining how employers can legally administer wellness programs under the ADA and the Health Insurance Portability and Accountability Act.

House, Senate bills would short-circuit NLRB ‘ambush’ elections

04/20/2015
On the day new National Labor Relations Board rules took effect, dramatically speeding up the union election process, members of both houses of Congress introduced legislation to slow it back down.

Top attorneys on hot employment law topics

04/17/2015
HR professionals from around the country came to the Bellagio in Las Vegas last week to soak up expert employment law advice at the 11th annual Labor & Employment Law Advanced Practices (LEAP) Symposium, hosted by Business Management Daily and the HR Specialist. Here are just some of the thoughts dropped by the speakers, 25 of the best employment attorneys in the country.

NLRB’s ‘ambush’ election rules take effect

04/16/2015

If you don’t have a plan in place to respond to a union organizing campaign, now’s a time to draft one. On April 14, controversial new National Labor Relations Board rules took effect, dramatically speeding up the time between initial filing of a union election petition and actual balloting.

Transfer worker to combat constructive discharge

04/16/2015
Employees who feel so harassed that they have no choice but to quit can still sue. Cut your liability for what’s known as constructive discharge by transferring the employee.

44 years later, huge settlement ends EEOC discrimination lawsuit

04/14/2015
The EEOC is extraordinarily patient, and employers aren’t its only target.

NLRB releases rules for recently enacted ‘ambush’ elections

04/14/2015
The National Labor Relations Board has released guidance on how its new, controversial “ambush” election rules will work, and the procedures are as bad as many employers feared.

Is early termination OK when employee who is on FMLA submits her resignation?

04/13/2015
Q. An employee who is off on an approved FMLA leave just submitted her resignation, providing two weeks’ notice. Our employee handbook asks employees to provide a two-week notice when possible. May we terminate the employee’s employment immediately rather than wait two weeks?

Can we restrict service dogs at work?

04/13/2015
Q. An employee with epilepsy wants to bring a dog to work to assist her in the event of a seizure. Our business is not conducive to having animals at work. Must we permit her to bring her dog?