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Medical Evidence, Lay Testimony Sufficient to Prove FMLA Claim

by Lauren E. Moak The Third U.S. Circuit Court of Appeals recently decided an issue previously unresolved by the court. In doing so, it held that a combination of medical evidence and lay testimony is sufficient to show an employee was “incapacitated” as defined by the Family and Medical Leave Act (FMLA). The decision overturned […]

OFCCP’s Internet Applicant Rule Takes Effect

On February 6, 2006, the Office of Federal Contract Compliance Program’s (OFCCP) new e-cruiting rule went into effect. The rule, which sets out recordkeeping requirements for Internet-based job applications, applies to employers that have federal contracts in excess of $10,000.

Maternity Benefits – No Legal Right for Adoptive Mothers

By Kate McNeill McCarthy Tetrault Across Canada, employment standards laws provide for job-protected maternity leave for pregnant employees and parental leave for parents generally. In addition, the federal government provides financial benefits during these leaves through its Employment Insurance Act (EIA). The Supreme Court of Canada recently declined to review an appeal of a decision […]

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4 Ways to Get Your Employees More Active This Year

According to one study conducted by Duke University, obese workers filed twice the number of workers’ compensation claims, had seven times higher medical costs from those claims, and had 13 times more lost workdays due to injury or illness than non-obese employees.

Court Supports Sponsor Interpretation of Plan, but Equitable Relief Claims Still Possible

Plan sponsors may take heart at a district court’s ruling supporting the interpretation of plan language by one of their own — but a partial dissent could spell more claims for equitable relief. The 6th U.S.  Circuit Court of Appeals reversed a ruling for the plaintiff in a surviving-spousal benefits suit and supported the defined […]

Mid-Year Poster Check: Are You in Compliance?

You know that you have to post various notices that explain to your employees their rights under various laws. But merely posting isn’t enough. First of all, required notices must be posted prominently and conspicuously where they can be readily seen by both employees and applicants for employment. Second, you need to be sure that […]

EEOC issues new guidance concerning employment of veterans with disabilities

By Diane M. Pietraszewski The Equal Employment Opportunity Commission (EEOC) recently issued two pieces of revised guidance focusing on the employment rights of disabled veterans under the Americans with Disabilities Act (ADA). One of the documents, titled “Veterans and the Americans with Disabilities Act: A Guide for Employers,” is directed at employers. The other document […]

Disability Etiquette: A Primer

The Disability Access Office in San Antonio, Texas, has published The Disability Etiquette Handbook. The handbook, which is on the web, covers a variety of issues. We thought we’d give you a sample. Reception Etiquette Greeting someone with a disability often makes a person without a disability awkward and uncomfortable. That doesn’t make you a […]