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by Joshua Wood The Equal Employment Opportunity Commission (EEOC), the agency responsible for enforcing federal employment discrimination laws, periodically issues enforcement guidance to aid employers in complying with the laws it enforces. The guidance is usually published on the agency’s website at www.eeoc.gov and can be an indication of how the EEOC will interpret or […]
While the Americans with Disabilities Act may require an employer to remove marginal job functions as an accommodation for an employee with a disability, it does not require the reassignment of all duties. An employee who can do nothing but show up for work is not qualified for ADA’s protections, a recent opinion from the 5th […]
In today’s world of corporate belt-tightening and budget cutbacks, you might find yourself wondering whether the expense of an HR staff is actually justified by the benefits. After all, HR doesn’t create revenue for the company — it doesn’t operate the machinery that produces the widgets, and it doesn’t drive sales. In fact, the perception […]
By Jane Meacham An appellate court sided with a plan administrator’s decision that a deceased plan participant’s stepsons are not entitled to his pension benefits, a ruling that may set the direction for similar plan interpretations under ERISA law. In the case, Herring v. Campbell , Case 11-40953 (Aug. 7, 2012), John Wayne Hunter, a retiree […]
Governor Schwarzenegger has announced a support network for small businesses impacted by the recent Southern California fires, to help these businesses recover as quickly as possible.
by Timothy F. Murphy This week, to review what has and hasn’t changed under the amended Americans with Disabilities Act (ADA), we’re taking a look at a disability discrimination cases that deals with essential job functions and reasonable accommodation. Determining the truly essential functions of a job is often at the heart of a disability […]
An employer whose COBRA/leave policy did not align with a stop-loss policy’s terms continues to be on the hook for a COBRA qualified beneficiary’s medical claims that were rejected by the stop-loss insurer. The employer unsuccessfully appealed a lower court ruling that the claims were ineligible under the policy terms because they did not include […]
Every employee brings “generational baggage,” and today’s HR manager has to carry four generations’ baggage at once, says Giselle Kovary. Kovary, a consultant at n-gen People Performance Inc., specializes in helping companies “get, keep, and grow” four generations of workers simultaneously. In her well-attended session at the recent SHRM (Society for Human Resource Management) Annual […]
by Tara Z. Hall While not a true “ban the box” measure, a new Iowa law taking effect January 1 will allow exonerated individuals to keep past criminal charges from becoming known to potential employers. The measure, signed into law last spring, sets up a process for individuals who have been wrongfully accused of a […]