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Why Does the NLRB Care About At-Will Policies?

Most employers have and use at-will provisions in their employment agreements, handbooks, and acknowledgements. These provisions tend to state that the at-will nature of the employment is not subject to modification. However, in the last year employers have found that these provisions may be in violation of NLRA Section 7. "The NLRB has now weighed […]

The Difficult Business of Searching Employees’ ‘Private’ Spaces

Special from Chicago—SHRM Annual Conference and Exhibition In yesterday’s Advisor, we got tips on privacy in the workplace from popular SHRM speaker, attorney Jonathan Segal. Today, his tips on searches, plus an introduction to the all-HR-in-one website, HR.BLR.com. Segal made his remarks at SHRM’s Annual Conference and Exhibition, held recently in Chicago. He is a […]

Employee Testing: Meeting ADA Requirements While Keeping Employees Safe

Did you know that some employers may be violating ADA requirements when performing safety tests for OSHA? This may include testing employees to ensure that they can perform certain physical functions of the job. This may also include taking adverse actions only against employees who have a disability. Employers need to be careful. “Some employers […]

Depression as a disability: Combating vague accommodation requests

Addressing depression and related mental disabilities and meeting reasonable accommodation requirements is a delicate balance. Often, employees who are in this situation will have a preconceived idea of what work restrictions would benefit them as an accommodation, and they ask their healthcare providers to state those things as a work restriction when they obtain medical […]

Louisiana’s scaled-down pay law goes into effect August 1

by David Theard Louisiana’s Equal Pay for Women Act (EPWA), which applies only to public-sector employers, goes into effect August 1. The new law affirms that paying unequal wages to public employees on the basis of sex is discriminatory and violates public policy. The original bill would have covered both public- and private-sector employees, but […]

Rules Could Require Fed Contractors to Hire a Certain Percentage of Disabled

Federal employers and contractors may soon have new disability regulations to follow, two federal agencies have announced. Both the U.S. Department of Labor and the U.S. Equal Employment Opportunity Commission have said they will issue new regulations for the Rehabilitation Act of 1973, which prohibits discrimination in hiring and employment practices by the federal government […]

Free labor or future liability? Unpaid internships in Canada also pose issues

By Julia Kennedy With each summer comes a wave of new graduates and returning students looking for ways to gain career experience. This summer, the media spotlight has been focused on the nature of unpaid internships in the United States and Canada. They are no longer limited to the not-for-profit sector. It’s probably a good […]

Sorting out rights for specific disabilities under the ADA

Employers are accustomed to the basics regarding the Americans with Disabilities Act (ADA), but the details can get tricky especially since employers must navigate the changes brought on by the ADA Amendments Act (ADAAA), which made it easier for individuals with a range of impairments to qualify for protection under the law. Recently, the Equal […]

What’s on the immigration horizon for employers?

by Elaine Young During the month of May, the Senate Judiciary Committee marked up the comprehensive immigration reform bill that the “Gang of Eight” proposed earlier in the year. In June, we saw the House of Representatives debate over what to add or take away from the bill. Here’s a quick Q&A on how some […]

Growing prevalence of severe food allergies may trigger ADA accommodations

by Holly Jones Late last year, a small private university in Massachusetts entered into a detailed settlement related to accommodating food allergies on campus. The settlement was the first of its type in higher education, but could it have broader implications for employers in general? University under fire for mandatory meal plan program In 2009, […]