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Trump's Behavior Would Create a Nightmare in any Workplace

Like a moth to the flame, I’m going to revisit the subject of none other than Donald Trump. You can’t ignore that he is THE story right now. There’s no doubt that when it comes to Trump, emotions run high as we watch supporters and protesters clash—even physically—at his rallies. And there is no shortage […]

NC General Assembly does more than just invalidate Charlotte’s LGBT ordinance

by Richard L. Rainey On Wednesday night, the North Carolina General Assembly passed House Bill (HB) 2, which was then signed by Governor Pat McCrory. While HB 2 was prompted by the desire to overturn Charlotte’s recently enacted ordinance that banned discrimination against LGBT people in the provision of public accommodations and allowed transgender individuals […]

What is a Job Analysis?

Job descriptions can easily become inaccurate. Over time, many job requirements will change and evolve as the role changes and the business needs change. They can also change simply as a result of the employee taking responsibility for new tasks or from new projects that change the landscape of the role.

ADA: Did Employer Have the Right to Discharge Employee for Lingering Wound?

By Libby Rasmussen, JD Employers can find themselves between a rock and a hard place when an employee’s illness or injury poses a risk to other people—e.g., patients, customers, and colleagues. Employers have an understandable desire to keep others out of harm’s way, but they could face a disability discrimination suit if they don’t execute […]

Ask the Expert: OK to Follow FMLA, but Not State Leave Law?

My organization has its corporate headquarters in Connecticut and has 50 employees. However, the total company size is much larger (over 700 employees) with locations in several states. Do we have the option of not following the Connecticut leave law because we fall below the 75 employee threshold for coverage?

FMLA and ADA Interplay Quiz: Reinstatement After Leave

Here, we present a workplace scenario where the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) may both apply. Then we provide relevant information about each law and what advice should be given to the employer or what action should be taken regarding ADA and FMLA interplay.

Can a Reasonable Accommodation Be Retaliatory Under the FMLA?

By Richard J. Morgan, JD One of the challenging situations faced by HR professionals and the employers they work for is the differing standards under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Considering one of the laws without an analysis of the other and its effect on employment […]

A. Lincoln: Relax, Replenish, Go to the Field

By Catherine L. Moreton, JD, Managing Editor In Yesterday’s Advisor, we heard the first six items on Doris Kearns Goodwin’s list of 10 qualities that made Abraham Lincoln a great leader. Today, we’ll hear the final four.