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Firing of Formerly Drug-addicted Pharmacist Okay Under ADA

Wal-Mart has successfully defended a putative class action alleging that its failure to employ former drug addicts as pharmacists violates the Americans with Disabilities Act. The retailer was able to show that the lead plaintiff was fired because he was previously charged with forging prescriptions — not because of his history of addiction. The suit […]

Key Areas of Focus For Small Business Human Resources

An entrepreneur hiring his or her first employee is an event that comes with a mix of excitement, pride, and anxiety. Whether a company has 1 or 10,000 employees, and whether or not it has a formal HR team, there are some foundational HR issues that impact any organization. Employment Laws and Regulations Many employment […]

Employers Can’t Mandate Arbitration of Sexual Assault and Harassment Claims

Courts have long favored arbitration as a method of dispute resolution under the Federal Arbitration Act (FAA). In 2018, the U.S. Supreme Court reinforced the policy favoring arbitration agreements in Epic Systems Corp. v. Lewis. The Court ruled that the FAA requires enforcement of arbitration agreements that fall within its scope, including agreements in which […]

AT&T Pays $1.3 Million for Religious Discrimination

On July 31, the U.S. District Court for the Eastern District of Arkansas entered a judgment against communications giant AT&T, Inc. The lawsuit was filed by the Equal Employment Opportunity Commission (EEOC) on behalf of two male customer service technicians who were suspended and fired for attending a Jehovah’s Witness convention. AT&T paid $1,307,597 to […]

Thumbs Down for Jerky Maker—Fires Employee for Calling 911

Upton Sinclair’s The Jungle, written in 1906, portrays the harsh conditions immigrant workers faced in the meatpacking industry at the turn of the century.  Sinclair’s novel helped pave the way for reform in the meatpacking industry and probably spawned the vegetarian movement, but that’s just neither here nor there.

What is intermittent leave and how is it calculated?

What is intermittent leave? Are employers required to provide it? The Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA) provide legal rights for eligible employees to take up to 12 work-weeks of job-protected time off in a 12-month period (and 26 work-weeks for servicemember leave). This time off may be […]

nonsmoking benefits

More Vacation Time for Nonsmokers?

American attitudes toward smoking have changed dramatically in the past several decades. A habit that was once commonplace in restaurants, workplaces, and even airplanes has been banned from most homes, offices, and even bars. Part of that changed attitude is driven by nonsmokers who understandably prefer to avoid second-hand smoke. Another element of the change […]

Infographic: Paid Sick Leave Laws Around the U.S.

Prior to 2014, there were only 4 paid sick leave laws in effect nationwide. That number has grown to more than 30 laws, covering several states, cities, and counties.  The infographic below provides a broader picture of which states, cities, and counties offer paid sick leave laws. UPDATE: The infographic below reflects the new law […]