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Massachusetts

‘Impossible Demands’ Lead to Disability Discrimination Lawsuit

by John S. Gannon Employers routinely ask employees to provide adequate documentation demonstrating that they can perform the essential functions of a job. That documentation may come in the form of physical or mental examinations—commonly referred to as fitness-for-duty examinations. However, problems arise when an employer disagrees with the physician who certifies the employee as […]

recruitment

Paving the Way for Intrapreneurship

The great minds of business founders are often the driving force that propels those businesses to success. Examples like Bill Gates, Elon Musk, Steve Jobs, and Jeff Bezos come immediately to mind. Of course, for companies that are already established, it’s obviously not possible to find a “founder,” but they can hope to find a […]

Heat-Related Injuries Are This Summer’s Hot Topic

As summer heats up, employers in the Southwest should keep a close eye on how heat affects their workforce. Heat-related illness is a hot topic for the federal Occupational Safety and Health Administration (OSHA) as well as state OSHA plans. Recently, an unusual settlement involved the Department of Labor (DOL) and OSHA over several heat […]

The Everchanging World of Performance Management

The days of formal in person meetings between managers and employees discussing performance management are largely over. With the introduction of new technologies, global competition, and changing consumer demands, that process no longer seems to ensure high employee performance.

Be Prepared for More Audits of Your E-Verify Process

We’re witnessing more of an emphasis on immigration enforcement, which is increasingly being felt by employers and involves a noticeable uptick in federal agency inquiries directed at workplaces. With more of a focus on employers’ compliance with immigration requirements, audits of employers’ E-Verify programs are on the rise, and companies should be prepared to respond […]

State Court Can Determine That a DRO Is a QDRO

The 9th Circuit Court of Appeals has ruled that state courts can determine that a domestic relations order (DRO) is a qualified domestic relations order (QDRO). Mack v. Kuckenmeister, Nos. 09-15290, 15291 (2010). Facts. “Mike and Sarah Jones” were in the midst of divorce proceedings during 2005 and the early part of 2006. Mike had […]

Remote Work Opportunities Heat Up Across the Country

The gig economy continues to be a lucrative way for freelance workers to earn a living, and more employers are now turning to these workers to help fill short-term needs. When you think about where the work takes place, you may imagine that freelancers are working in rural areas, far away from the hustle and […]

3 common problems with hiring and the presidential election

The road to the 2016 U.S. presidential election officially begins today with the Iowa caucuses. Having grown up in Iowa, I have experienced the caucus process first-hand. It’s an interesting process that has a real grassroots feel to it, and it can produce some very interesting results that are often difficult to predict. If you’re […]