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Terminating Employees: Laid-Off Employee’s Bias Charges Crumble in Face of Employer’s Solid Documentation; 4 Prudent Practices

Economic pressure may be forcing you to cut your workforce. And you may wonder if you can do anything to reduce your legal risks if an employee you’ve targeted for layoff has recently returned from medical leave. As one employer that recently sidestepped an expensive lawsuit learned, the answer may lie in how scrupulous you […]

Medical Certification Under CFRA

Yesterday, we looked at a question from the CED mailbag involving the use of accrued paid time off during family leave. Today, the answer to another leave-related question, as well as the introduction of a comprehensive resource you won’t want to be without.

White Paper on DOL’s new ‘blacklisting’ rule now available

Attorneys with Fortney & Scott, LLC, in Washington, D.C., who edit Federal Employment Law Insider, sprang into action after the U.S. Department of Labor (DOL) issued final regulations on August 25 implementing the Fair Pay and Safe Workplaces Executive Order—often called the “blacklisting” rule. The controversial rule will require federal contractors and subcontractors to disclose […]

Hot List: New York Times Bestselling Hardcover Business Books

The following is a list of the bestselling hardcover business books as ranked by the New York Times on August 10. 1. Outliers: The Story of Success by Malcolm Gladwell. hy some people succeed — it has to do with luck and opportunities as well as talent — from the author of Blink: The Power […]

News Notes: Cash-Balance Retirement Plans Spark Controversy And Legislation

IBM¹s recent announcement that it was converting from a traditional pension plan to a cash-balance plan triggered angry employee protests and age discrimination allegations. Now, government agencies and federal legislators are vowing to take a closer look at the impact cash-balance plans have on older workers. Unlike traditional pension plans in which workers earn most […]

Nondisabled Employees May Challenge Medical Exams

Employees need not have a disability to challenge the legality of an employer’s required medical exams, the 11th U.S. Circuit Court of Appeals has ruled in a case of first impression. At the same time, the court also reaffirmed the ability of an employer to request an examination because it was related to performing a […]

OFCCP issues new rules on hiring of disabled individuals

by Elizabeth Bradley On August 27, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) announced a final rule intended to promote the hiring and employment of people with disabilities by federal government contractors. The rule makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, which […]

Handling Holiday Religious Expression in the Workplace

(Updated August 2009) by Sarah Fuson With Thanksgiving less than a week away, thoughts turn to turkey and dressing, cranberry sauce, and pumpkin pie. But Thanksgiving represents more than stuffing ourselves silly and watching football all day. The first Thanksgiving was held in 1621 by the Pilgrims, a group of Puritans who fled England because […]

Get ready to switch to another revised I-9

On July 17, U.S. Citizenship and Immigration Services (USCIS) will release a new revision of Form I-9—Revision 07/17/17 N—to be used for employment eligibility verification. The new form is available on the USCIS’s website. Employers will need to use the new version of the form beginning September 18. Most of the changes will be minor, […]