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The Americans with Disabilities Act (ADA) was enacted in 1990 to prevent discrimination against employees based on disabilities. This does not mean that employers violate the ADA if they terminate or refuse to hire employees with disabilities. Rather, the law provides an exception if the employee is unable to perform the essential functions of the job without […]
Special from SHRM Las Vegas It’s not easy to comply when technology changes every day and the laws are archaic, say attorneys Chad Richter and Cynthia Sandoval. But that’s no excuse—employers have to deal in spite of the confusion. The two Jackson-Lewis attorneys (Richter from the Omaha office and Sandoval from the Newport Beach, California […]
The 9th U.S. Circuit Court of Appeals Oct. 1 declined to rehear a case in which it held that attention deficit hyperactivity disorder is not a disability covered by the Americans with Disabilities Act. Matthew Weaving, a police officer, alleged that he was fired because of his disability. His ADHD amounted to a protected disability […]
What’s a better way to attract skilled workers than to get them hot off the heels of an apprenticeship, and fortunately for California employers the number of apprentices is expected to reach 100,000 by 2020.
Guidance on how longevity annuity contracts purchased under 403(b) and eligible 457 retirement plans — as well as certain other retirement plans — can comply with the required minimum distribution (RMD) rules under Code Section 401(a)(9) was proposed Feb. 3 by the IRS. Code Section 401(a)(9) prescribes rules for a qualified trust under which the […]
Employers covered under the Americans with Disabilities Act (ADA) must make sure any new building projects are in compliance with the 2010 Standards for Accessible Design by March 15. The new standards replace the 1991 standards devised when the ADA became law. The 2010 standards set minimum requirements for new construction and alterations of more […]
This article series will cover managing medical certifications under the Family and Medical Leave Act (FMLA). In the last installment we covered the authentication, clarification, and second opinions surrounding medical certification, here we’ll go over recertification. The FMLA regulations offer procedures for recertification.
New York City Mayor Bill de Blasio has signed into law the Affordable Transit Act, which requires New York City companies with 20 or more full-time employees to offer pretax transit benefits. The bill encourages employers to take advantage of an existing federal tax benefit, which already allows businesses to offer its workers $130 a […]
by Laura E. Innes of Simpson, Garrity, Innes & Jacuzzi, PC