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Sears Settlement with EEOC Raises New Concerns on ADA Enforcement

by Burton J. Fishman Sears recently reached a $6.2 million settlement with the Equal Employment Opportunity Commission (EEOC) regarding Americans with Disabilities Act (ADA) violations stemming from the company’s alleged refusal to return injured workers to the job. This is the largest ADA settlement in a single lawsuit in EEOC history. More aggressive enforcement has […]

Survey Says: Train Employees to Protect Company Data

  Almost one-third (31 percent) of U.S. employees are concerned about losing data at work, but many engage in activities that put company files at risk anyway. And more than one-third of those surveyed at companies with 101 to 500 employees admitted to engaging in risky behaviors when it comes to company data, according to […]

HRExaminer Names Steve Bruce #7 on List of Top 25 Voices in Employment Law

HR Daily Advisor editor Stephen Bruce, PHR, has been named among HRExaminer’s Top 25 Voices in Employment Law. This is the first list from HRExaminer to measure online influence concerning legal issues in the HR industry, and the third list to be released this year. Stephen Bruce was previous listed #15 on HRExaminer’s Top 25 […]

Back Pay Damages Include Overtime in FMLA Retaliation Claim, Courts Rule

Employers should be aware that back pay sometimes can entail more than base compensation. The 1st U.S. Circuit Court of Appeals provided that reminder through its recent holding that overtime compensation may be included in an award of back pay. The case is Pagán-Colón v. Walgreens of San Patricio, Inc., Nos. 11-1089, 11-1091 (1st Cir. […]

Psst! I’ll Show You How to Work Around that Policy

Make sure employees know the “why” behind your tech policies, says attorney Lisa Guerin. Otherwise, they’ll find workarounds that could confound—or bring down—your systems. Guerin’s tips come from her recently published book, Smart Policies for Workplace Technologies (NOLO, 2009). She says that you must explain the policies you write about technology. If your employees don’t […]

Administration Proposes FLSA Coverage for Home Health Aides

By Liza Casabona In a long anticipated move, the Department of Labor today proposed extending coverage under the Fair Labor Standards Act to 1.79 million workers providing in-home care services to the elderly and infirm. Workers categorized as “companions” are currently exempt from the minimum wage and overtime protections of the Fair Labor Standards Act. […]

Pregnancy Leave: How Much Leave Do Pregnant Employees Get and How Much is Paid Leave?

We have been a little inconsistent in administering pregnancy leaves. We now have several employees who are in the early stages of pregnancy or who have casually mentioned that they are ready to start their families. I’d like to get my policies clearly laid out before these employees start requesting leave. Under federal and California […]

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What Job Types Are Likely to Be Safer from Automation?

The prospect of greater automation in a variety of industries understandably has many workers worried about their long-term employment prospects. What is the likelihood of a given employee’s job being rendered obsolete by advancing technology? Even if the role doesn’t disappear entirely, the need for human labor could be drastically reduced.