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Supreme Court addresses, upholds state bans on affirmative action

By Holly K. Jones In a recent U.S. Supreme Court ruling, the court upheld a controversial ban on the use of affirmative action in public education, employment, and contracts in the state of Michigan. For details on the decision and whether it affects your business, read on.  Background In 2003, two U.S. Supreme Court decisions […]

FMLA Leave: Military Caregiver Leave

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Last week, we looked at the similarities and differences between traditional Family and Medical Leave Act (FMLA) leave and the new qualifying exigency military FMLA leave. This week we look at military caregiver leave. The rules for employer coverage (employing 50 employees within […]

Know What Your Employees Want to Get Them in the Door

Attracting and keeping talented employees is incredibly important and often very difficult. In a post-industrial society, businesses run more and more on people and less and less on nonhuman capital like factories, vehicles, and machinery. At the same time, with historically low unemployment rates, employees have added flexibility to be picky when it comes to […]

Managing Workers With Mental Disabilities: ADA May Protect Anxiety-Ridden Employees Who Can’t Interact With Others; Practical Approaches To Take

How do you deal with an employee who’s disruptive and can’t get along with co-workers? The obvious answer may be a warning or other discipline. But the federal Ninth Circuit Court of Appeal says employees like these may have a mental disability protected by the Americans with Disabilities Act (ADA), and that instead of disciplining […]

Case Management—What’s Really Happening?

What’s happening with case management in the real world? How do you handle routine requests from your employees? What about not-so-routine requests, like complaints? What are your competitors up to? Help us find out! Please participate in our brief survey, and see how what you are doing stacks up against what other successful companies are […]

FLSA Class Action Overtime Suits—Are You Next?

If you don’t do an FLSA wage and hour audit, someone else will, says attorney Tom Makris. And it won’t be just the government. These days, it could be a potential business partner … or even your banker. It started with mergers and acquisitions, says attorney Tom Makris. Now it’s spread to far more routine […]

How Far Can You Go in Controlling Employee Health?

Staggering healthcare costs are making many employers want to move beyond passive wellness programs toward a more aggressive stance that demands healthy results, not mere participation. How far can you go? Today’s expert sorts it out. Employers may make health demands, but only within certain strict limits, says Antoinette Plizner of the Ann Arbor, Michigan, […]

Employment Tests: New EEOC Fact Sheet Highlights Avoiding Bias When Screening Job Candidates and Employees; Five Best Practices

Selecting the best person for the job—be it a new hire or a candidate for promotion—is crucial to any organization’s success. But if you’re using tests and other selection procedures to help you make sound employment decisions, it’s important to be aware of how federal antibias laws limit the use of screening tools. To that […]

Retaliation, discrimination, and harassment persist; disability bias charges increase

The Equal Employment Opportunity Commission (EEOC) recently released a detailed breakdown of the 89,385 workplace discrimination charges it received in fiscal year (FY) 2015, which started on October 1, 2014, and ended on September 30, 2015. Retaliation charges increased by nearly 5% and continue to be the leading complaint raised by workers across the country. […]

Employers Warned to Include GINA Disclosure on FMLA Forms (video)

Employers have some new language to include on certain Family and Medical Leave Act (FMLA) forms because of the Genetic Information Nondisclosure Act (GINA), according to employment law attorney Stacie L. Caraway, who led an FMLA session at the October Advanced Employment Issues Symposium in Nashville, Tennessee. Caraway says a one-paragraph statement is available on […]