• The HR Specialist - Print Newsletter
  • HR Specialist: Employment Law
  • The HR Weekly

Employment Law

Appeals court rules for employers on ADA

03/31/2011

There’s good news for Ohio employers worried about ADA compliance: The 6th Circuit Court of Appeals has refused to change the law on disability discrimination. A recent ruling upheld prior court decisions that said an employee can’t win a disability discrimination discharge lawsuit unless she can prove that her disability was the “sole” reason for the discharge.

Are all cancer treatments eligible for FMLA leave?

03/31/2011
Q. Do we always have to allow intermittent FMLA leave for cancer treatments (e.g., chemo and radiation)? The employee is capable of working and says the treatments are available only during the day.

Not everyone wears a halo: Courts don’t expect your work atmosphere to be perfect

03/30/2011
You’d like to think that employees will never do or say anything even mildly offensive. But that’s just not realistic … and courts don’t expect it to be. As long as workplace squabbles and personality conflicts don’t turn into discrimination based on age, race, religion or another protected category, they simply won’t rise to the level of unlawful discrimination.

EEOC issues final ADAAA regs

03/29/2011
The EEOC has issued final regulations for implementing the ADA Amendment Acts, clarifying many of the provisions contained in legislation that was enacted in January 2009. The likely result of the final regulations, according to employment law attorneys: More ADA cases will probably go to trial.

Supreme Court: Complaints don’t have to be in writing to be protected

03/29/2011
Employees are now three-for-three in Supreme Court employment law cases this term, now that the High Court has ruled that an employee’s complaints don’t have to be written to be protected from retaliation by their employers.

How does FLSA administrative exemption work?

03/29/2011
Q. I think one of our employees falls within the administrative exemption under the Fair Labor Standards Act (FLSA), but I’m not sure if he “regularly exercises discretion and independent judgment.” How can I make that determination?

What are the pros and cons of offer letters?

03/29/2011
Q. We send formal offer letters to job candidates for certain positions. Could such letters legally bind us, and would we be smarter to avoid them?

Can we reduce pay for an exempt employee who works less because she is pregnant?

03/29/2011
Q. One of our salaried employees is pregnant. She brought in a doctor’s note that says she can work only six hours per day. Can I either reduce her pay or have her work six days a week?

Are we allowed to offer housing stipends to just some employees?

03/29/2011
Q. Is it legal to offer some employees, but not others, stipends to help with rent or lodging?

Who pays for uniform cleaning?

03/29/2011
Q. We require employees to wear uniforms. Can we deduct from their paychecks the money to pay for the uniform or clean it?