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ADA Bias Claim Upended by Kentucky Law’s Definition of ‘Disability’

By Jennifer Asbrock, JD, Frost Brown Todd LLC  It’s no secret that employment lawyers avoid suing Kentucky employers in federal court because of the “employee-friendly” dismissal standard in state court. Employees assert discrimination claims under the (KCRA) rather than federal law in an attempt to avoid federal court. However, that strategy comes with a price […]

6 Leadership Trends That Are Changing the Workplace

A new worldwide study of 25,000 business leaders finds the biggest worry on executives’ minds isn’t recession, global competition or labor relations. It’s not even cybersecurity.

Defined benefit retirement plan

PBGC Removes Change in Credit Quality as Possible Trigger for Early Warning Program Review

The Pension Benefit Guaranty Corporation (PBGC) in early May clarified guidance issued in late 2016 about its Early Warning Program (EWP), explaining that the program had not been expanded and such a review for an employer’s defined benefit (DB) retirement plan would not be triggered solely by a change in credit quality.

Seniority: Do We Have to Bend Our Strict Seniority System to Offer a Reasonable Accommodation?

We have a strict seniority system. Do we have to bump one of our workers to give another employee a reasonable accommodation under the Americans with Disabilities Act? — Anonymous    How To Survive an Employee Lawsuit: 10 Tips for Success With lawsuits against employers becoming ever more common—and jury verdicts skyrocketing—your risk of getting […]

Only Employee Without Criminal Record Is a Real Dog

This Strange but True story is about a small, rural town where the two law enforcement officers don’t carry guns. No, it’s not the plot of The Andy Griffith Show. And the cops can’t carry guns. It’s really an HR case study on background checks, and the only employee without a record is a dog—literally! […]

Workers may be temporary, but OSHA is forever: clarifying employer duties

by Gregory L. Silverman In 2013, the Occupational Safety and Health Administration (OSHA) launched the Temporary Worker Initiative (TWI) to focus on preventing injuries and illnesses among temporary workers. OSHA recently released a policy memorandum addressed to its field staff reminding them of the agency’s long-standing enforcement policy for temporary workers. The memo specifically attempts […]

absenteeism

The Growing Trend of ‘Ghosting’ Interviews and Offers

“Ghosting” is a term that developed in the dating world to refer to a situation in which one person abruptly cuts off all communication with another person, avoiding person-to-person contact when they decide to move on. But, these days, “ghosting” is taking on an entirely new meaning—and new impacts—in another forum, the workplace.

What Is a Safety Management System?

A safety management system is a formal way to systematically ensure health and safety throughout the organization. It should be fully comprehensive and should integrate all related teams and systems together to have the greatest effectiveness throughout the organization. The safety management system should: