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A Reminder to Employers: FMLA Notice Is the Key!

By Lisa Whitaker, JD The U.S. 6th Circuit Court of Appeal—which covers Kentucky, Michigan, Ohio, and Tennessee—recently reminded employers that providing proper notice to employees is key to administering the Family and Medical Leave Act (FMLA).

No Separate Duty of Fair Treatment in Accommodation in British Columbia

By David G. Wong The British Columbia (BC) Supreme Court, in Emergency Health Services Commission v. Cassidy, has recently confirmed that a BC employer’s duty to accommodate doesn’t extend to including a freestanding procedural requirement that the employer treat the employee fairly, and with due respect for his dignity, throughout the accommodation process. Facts At […]

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OFCCP proposes updated regulations on sex discrimination

by Tony Puckett The U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) has announced proposed regulations updating its current sex discrimination regulations for federal government contractors and subcontractors. The proposed regulations are the first substantive update to the “Sex Discrimination Guidelines,” which the OFCCP adopted in 1970.  The OFCCP’s press release […]

Reasonable Accommodations: New Case Says You May Have To Allow Telecommuting; Tips For Managing Accommodations

Suppose an accommodation you’ve provided for a disabled employee isn’t working out. How far must you go to find a new accommodation? And do you have to consider telecommuting as an alternative? A recent Ninth Circuit Court of Appeals decision zeroes in on these questions. And we’ll suggest ways to manage the accommodation process to […]

Pregnancy—Was Termination Legit, or Was It Discrimination?

By Beth Kahn and Timothy J. Toohey A California employer fired a pregnant employee for violating its policy on reporting missing customer deposits. On appeal, the California Court of Appeal considered whether the employee had a claim for pregnancy discrimination and whether the employer had a legitimate reason for terminating her.

Leave Banks: Can We Deduct Partial-Day Absences from Exempt Employees’ Leave Banks?

We seem to have come across a conflict related to exempt employee leave banks. We want to deduct from our exempt employees’ leave banks for partial-day absences. We understand that the California Labor Commissioner has indicated that accrued leave time may not be used to replace salary for partial-day absences. However, I see that a […]

Illinois: More Employee-Friendly State Laws Likely

by Brian J. Kurtz, Ford & Harrison LLP The headline grabber in Illinois was Republican Mark Kirk’s defeat over Alexi Giannoulias, the Democratic contender for the U.S. Senate seat once held by President Barack Obama. Giannoulias, a close friend of President Obama, would have offered firm support for the President’s agenda in the Senate. In […]

Administering Family Leave: Court Looks At When You Can Get A Second Medical Opinion; A Step-By-Step Guide

An employee who requests family leave for a serious illness can be asked to submit medical verification of the need for the leave. But what if you don’t believe the person is medically entitled to the leave? Can youseek a second opinion? A new ruling from a federal appeals courtconfirms that you have the right […]

5 Recruiting Mistakes to Avoid

Getting the right person in the right role is a big task. It takes a lot of time and effort to get right, so it pays to not let the entire process be undermined through avoidable mistakes. Here’s a list some common hiring and recruiting mistakes to avoid!