Legal Compliance
Legal Compliance News, Articles, Blogs, Webinars, White Papers & Events. Human Resources Management featuring HR news on Legal Compliance.
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Accommodating Disabled Job Applicants is No Game
If a job applicant needs an accommodation to complete the interview process, and it does not impose an undue burden, provide it. If it turns out that someone cannot perform the essential functions of the job even with an accommodation, you are within your rights to deny employment. You cannot make
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A Cautionary Tale on What Happens When You Botch a Litigation Hold
As soon as you reasonably anticipate litigation, you have an absolute duty to implement a written litigation hold that both instructs employees to preserve paper and electronic records relevant to the case, and suspends any automated processes that otherwise might result in the destruction of such
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Don't Cut Legal Compliance Training
… line-conscious executives to cut costs by forgoing legal compliance training for their managers and HR staff. But major ..... recession—the absolute worst time to unwisely cut legal compliance training budgets. Doing so would leave large numbers …
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Firing of 'Irresistible' Employee Does Not Equal Sex Discrimination?
The media has heavily criticized this decision. That criticism is warranted.
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Compensable Working Time: The De Minimis Doctrine and ‘Rounding’ Time
There are several traps an employer can fall into with regard to accurately recording the time that an employee actually works.
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Does an Unaccepted Offer of Judgment Moot a Wage-and-Hour Case? Genesis HealthCare Corp. vs. Symczyk
The outcome of this case is difficult to gauge based on the oral argument, because both potential sides of the court attacked the underlying issues so differently.
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Are Employers Screwing Up the FLSA's Lactation Mandate? Probably Not.
A little more than a year ago I pointed out that the Labor Department had only cited 23 companies, or 0.023 percent of all companies with 100 or more employees, with inadequate lactation accommodation. Now, with an additional six months of data, the number of citations has jumped by 13, from 23 to
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Labor Department: Employers Find It Easy to Comply With the FMLA. What?!?!
Either the Labor Department found the only 1,649 employers (91 percent of the 1,812 worksites surveyed) who “find it easy to comply with” the FMLA, the Labor Department is putting some major spin on its survey results, or my read on FMLA administration is way off.
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Obsessing (Compulsively) Over Reasonable Accommodations
You need to have a dialogue with an employee about reasonable accommodations. Without opening the channels of communication, you will never know what is feasible. More importantly, without the dialogue, you probably have not satisfied your obligations under the ADA.
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Can You Hear Me Now? Employer Cannot Reject Disabled Employee Without Individualized Inquiry of the Ability to Do the Job
If you failing to engage in this individualized inquiry, it will look like you are making the employment decision based on stereotypes and generalizations, which the ADA is supposed to rid from the workplace. That perception will not bode well for your defense of an ADA lawsuit.
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FMLA Compliance Is Not as Easy as the Labor Department Says
What do these results mean? It means that either the Labor Department found the only sample of employers in the country who have no issues managing FMLA compliance, or the Labor Department put so much spin on its survey results that its conclusions are not credible.
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What Isn't a Reasonable Accommodation?
Just because a disabled employee asks for an accommodation does not mean that you have to grant the request.
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Say It Ain't So: Court Holds an Employer Does Not Have to Accommodate a Pregnant Employee
Handling accommodation requests by pregnant employees is a thorny area of the law. My recommendation is instead of trying to sort through these issues for yourself, you contact your employment counsel before denying an accommodation request made a pregnant employee.
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Arms-Length Embrace
… real pitfalls to improperly calling people independent contractors when they actually qualify as employees . But legal compliance and some degree of labor flexibility are the table stakes here. What's really going to allow organizations to …
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The Last Word: Health Care Reform's Hurry-Up Is Just Beginning
… keeping HR managers reaching for the Bromo-Seltzer for decades.Perhaps most important, HR people have tussled with legal compliance . The implications of 1938's Fair Labor Standards Act and 1964's Title VII continue to reverberate today. Health …
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Creating a New Contingent Culture
… consultants has been largely about cost-cutting and legal compliance . But amid greater interest in labor flexibility ..... companies have concentrated largely on labor costs and legal compliance . Organizations are keen to avoid calling people …
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Trucking Company Settles EEOC Racial Discrimination Lawsuit for $120,000
A defunct trucking company hired 38 white dock workers at its Newton, North Carolina facility in April 2011, purposefully overlooking six equally qualified African-American applicants for the positions on the basis of their race.
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Screening the Screeners
In the wake of HireRight Solutions' $2.6 million penalty, background screening services are under greater scrutiny.
