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A New Genre of Discrimination? Smokers Need Not Apply

By Susan Hartmus Hiser Q: Our company is considering implementing a policy that would make individuals who smoke ineligible for employment. In doing so, we would save a substantial amount of money on our insurance premiums. Can we do this? If so, how do we monitor employees who claim they have quit smoking? A: Many […]

Classification Changes: Do I have to notify an employee before I change her status from exempt to nonexempt?

Do I have to notify an employee before I change her status from exempt to nonexempt?     For various legal and practical reasons, you should give notice in this circumstance. Two of those reasons: 1) Employers are required to keep records of a nonexempt employee’s hours worked each day, which typically means that nonexempt […]

Pay Transparency Rule: What ELSE Must Contractors Do?

By Susan Schoenfeld, JD In earlier articles, we’ve told you about the final pay transparency rule implementing Executive Order (EO) 13665, Non-Retaliation for Disclosure of Compensation Information. The final rule and the EO prohibit federal contractors from discharging or discriminating in any way against employees or applicants who inquire about, discuss, or disclose their own […]

What To Pack for a Business Trip? Inhibitions

The more employees travel for business, the more exposure employers have – often with costly consequences. Businesses must be prepared for problems that might arise when male and female employees travel together, whether domestically or internationally. Contrary to popular belief, what happens in Vegas doesn’t really stay in Vegas – it gets told in court.

If you don’t have anything nice to say…

Lately, have you felt feverish, light-headed, even giddy? Well then you must have Oscar fever. The stars! The gowns! The teeth! My god, those blinding white teeth! For you, March 2, 2014, was a night of luxury, glamour, and take-out noodles because NO WAY you were cooking for the family and risk missing J-Law stumble […]

Why Wait for the EEOC? Expert Clarifies ADAAA Requirements

Nearly two years after Congress passed the ADA Amendments Act (ADAAA), the Equal Employment Opportunity Commission (EEOC) announced recently that employers should not expect to see new regulations providing a more detailed explanation of the law’s requirements anytime soon. To understand the reasons for the delay and how it may affect employers, we spoke with […]

Accommodation Was Not Reasonable, So ADA Lawsuit Against Law Firm Fails

A law firm did not violate the Americans with Disabilities Act by terminating an assistant who could no longer perform heavy lifting, a federal appeals court ruled. Heavy lifting was an essential function of the employee’s job and her inability to do so could not reasonably be accommodated, the 4th U.S. Circuit Court of Appeals […]

Inflated Ratings Bring Legal Woes—Guaranteed

Yesterday’s Advisor featured the Four Ms of setting good appraisal goals; today, legal pitfalls in appraisals, plus an introduction to a unique leadership training system. Because poor performance is often advanced as the reason for a termination, the performance appraisal system is often the crux of the defense against a wrongful termination suit. Here’s how […]