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8 Best Practices for Fending Off EEOC Investigators

EEOC is rattling its unconscious/systemic discrimination saber—and if they target you for an investigation, it’s going to be expensive and annoying, whether you are innocent or guilty. Here are 8 steps you can take to forestall the attack. What are the best practices for keeping the EEOC at bay in a time they’re begun to […]

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 […]

Background Checks on MySpace—Dangerous or Due Diligence?

Is it now negligence if you don’t do background checks on MySpaceTM and Facebook? “We’re not there yet for every job,” says attorney Joseph Beachboard, “but it’s getting there for sensitive jobs like installers and home care providers.” Beachboard’s comments came at the recent Society for Human Resource Management (SHRM) Annual Convention and Exposition in […]

Did Maryland Employer Violate the FLSA?

By Richard J. Morgan, JD The U.S. 4th Circuit Court of Appeals (which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia) recently addressed a case in which two tipped employees disputed the pay they received from their employers.

Complaint on DOT Debit Card Program Could Affect Future QTFB Guidance, Part 1

A private company that provides paper transit vouchers to parts of the federal government for use in its qualified transportation fringe benefits has claimed that the U.S. Department of Transportation is implementing an electronic payment system that does not comply with IRS guidelines in a program that is intended to replace paper transit fare vouchers […]

Religious Accommodation Versus Gender Equality

By Dominique Launay In the province of Quebec, a woman was asked to leave two different French classes in Montreal. The woman, a recent immigrant from Egypt, refused to remove her face cover. After being allowed to sit at the front of the class (so all men were behind her) and make presentations with her […]

How to Help Line Managers Do Their (and Your) Job

Yesterday’s Advisor addressed the challenge of managers who won’t manage. Today, what to do about it, plus an introduction to an easy-to-use checklist-based HR audit system. Here are three steps you may take to help your managers manage: 1. Make Responsibilities Clear To start with, of course, you need good, clear policies and procedures. Then […]

NLRB’s McDonald’s franchise determination called ‘aggressive play’

A National Labor Relations Board (NLRB) ruling that the McDonald’s corporation is a joint employer with its franchisees is a departure from longtime precedent that’s drawing fire from the fast-food giant and other business interests. The NLRB’s Office of the General Counsel released a statement on July 29 saying the Oak Brook, Illinois-based corporation could […]

Americans With Disabilities Act Update: New Rulings Show The Law Can Protect Employees Who Aren’t “Disabled”; Even Teasing Can Trigger Coverage

When the Americans with Disabilities Act was passed in 1992, the initial questions focused on how to reasonably accommodate disabled workers. But there is another sticky problem that has been surfacing more recently: just who is entitled to ADA protection? You might be surprised to discover that the answer is broader than you think. Even […]

Texting While Driving Now Illegal in West Virginia

West Virginia has become the 41st state to ban texting while driving. The law, which went into effect July 1, makes it a primary offense to text with a handheld cell phone while driving. Because it’s a primary offense, violators can be pulled over and cited. Texting already was a secondary offense, meaning someone violating […]