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Old ‘Disability’ Definition Applies to Employee’s Injury, Says 10th Circuit

There is a growing legal precedent regarding when courts can evaluate an Americans with Disabilities Act claim under a new, broader disability definition: the adverse employment actions at issue must have occurred after the Jan. 1, 2009, effective date of the ADA Amendments Act. For an employee who allegedly was discriminated against in 2008, this […]

Why the Trend Toward Variable Performance Pay?

Increasingly, employers are less averse to withholding merit increases for poor performers so they can afford to grant meaningful increases to better performers, says Morning, who is president of Teri Morning Enterprises in Carmel, Indiana. Morning made her suggestions during a recent webinar sponsored by BLR®. What is Variable Performance Pay? Variable performance pay aligns […]

Fraudulent Disbursement to Ex-Spouse Not a Forfeiture, Court Rules

Plan sponsors and administrators face many issues when making disbursements from retirement plans. A recent court ruling on a payout based on a fraudulent claim should reassure those making distributions that if the distribution was in accordance with the plan terms, an employer may not suffer a penalty. In Foster v. PPG Industries Inc. (No. […]

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How Restaurants Recruit

A new survey report details what independent restaurants owners and operators are doing to find and attract top candidates in today’s tight labor market. Although focused on restaurants, the report also offers valuable insight for other businesses.

Accommodations Are a Pain, but Litigation Is a Bigger Pain

Reasonable accommodations are a pain and are subject to abuse, says Attorney Lawrence Postol, but litigation over the failure to provide accommodations, with a trial by jury, is a bigger pain and subject to greater abuse. Postol, who is a partner in the Washington, D.C., office of Seyfarth Shaw, LLP, offered his Americans with Disabilities […]

New Report Offers Insight into the Perceptions of Employment Opportunities

According to a recent Robert Half survey, 57% of respondents say the most frustrating part of the job search is the long wait after an interview to hear if they got the job. What are other perceptions candidates have regarding the job search process? A new report, Perceptions of Employment Opportunities—released by Job Application Center, […]

Safety Training: OSHA Recordkeeping and Reporting Requirements

As most employers are well aware, OSHA stands for the Occupational Safety and Health Administration. In general, OSHA regulations require that employers maintain a workplace that is free of recognized safety hazards, and do not discriminate or retaliate against anyone who reports injuries or illnesses. Are those in charge of safety at your company well-trained […]

What Not to Ask During an Interview

Do your hiring managers know what questions to steer clear of during the interview process? Interview questions should stick to specific questions that directly relate to the individual’s ability to perform the job. Questions that stray from this goal are often problematic and can get the employer into legal trouble or can raise red flags […]

Michigan Governor Celebrates Labor Day with Unusual Worker

In his Labor Day remarks, Michigan Governor Rick Snyder said, “Let’s also look to the future and commit to prepare the talent of tomorrow.” Was he referring to a very unusual “worker” who was with him as he led 30,000 state residents in walking across the famous Mackinac Bridge on the holiday?