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Employment Law

Make sure handbook spells out how leave works as a reasonable accommodation

09/27/2013
Disabled employees who need time off to deal with a disability and who don’t have FMLA, sick or vacation leave may still be entitled to more time off. That’s because the ADA allows employees to take additional time off as a reasonable accommodation. Be sure your employee handbook accounts for this possibility.

Former star locked in lawsuit with ‘Storage Wars’

09/27/2013
The hit television reality show “Stor­­age Wars” has suffered a legal set­­back. A court in Los Angeles has given one of its former stars, Dave Hester, the go-ahead to sue the show’s producers and the A&E cable TV network for retaliation.

Keep it neat! You can restrict facial hair

09/27/2013
Private employers have the right to set their own dress and grooming codes. Within limits, that includes restricting an employee’s facial hair and insisting on a clean-shaven face unless an employee can’t shave because of a documented medical condition or religious requirement.

Slam the brakes on escalating harassment

09/27/2013
Don’t hesitate to stop behavior that hasn’t quite risen to the level of full-blown harassment. Do it as soon as you get wind that something is amiss.

Fashion tip for the fall season: Don’t tolerate teasing about clothing

09/27/2013
No, a lack of fashion sense is not a “protected characteristic,” like age or religion. But as this new case shows, employers that tolerate em­­ployees who tease co-workers about their clothing could be setting themselves up for legal trouble.

If federal government shuts down, what will DOL do? Not much

09/26/2013
Barring a sudden and unexpected outbreak of congressional cooperation, the federal government will run out of money on Oct. 1 and shut down—at least temporarily. What does that mean for DOL enforcement activities? Here’s the likely scenario.

Regs detail reconciliation and reporting under the ACA

09/24/2013
A critical function of the individual health insurance exchanges is to verify that taxpayers are eligible for advance subsidies. But what’s to stop an em­­ployee who has access to affordable group coverage from gaming the system and getting those subsidies anyway? And how will you know?

Court drives nail in coffin of pro-union poster requirement

09/23/2013
The U.S. Court of Appeals for the D.C. Circuit has refused an NLRB bid to retry a May case in which the court said employers couldn’t be required to display a pro-union poster.

DOL issues FMLA guidance for same-sex spouses

09/20/2013
Responding to the U.S. Supreme Court’s June decision overturning a key part of the federal Defense of Marriage Act, the DOL has affirmed that employees with same-sex spouses have the same FMLA rights as other married employees—as long as they live in a state that has legalized same-sex marriage or recognizes such marriages performed in other states.

Tell staff: Accommodations are none of their business

09/19/2013
It’s natural for co-workers to gripe when a disabled employee’s accommodation causes more work. They may complain that the accommodated employee isn’t pulling her weight or that the accommodations are bogus. Tell them to zip it.