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In Rare Post-amendments Ruling, Court Finds Impairment Not a Disability

Being deaf in one ear is not a disability, the U.S. District Court for the Eastern District Court of Pennsylvania ruled in Mengel v. Reading Eagle Co. (No. 11–6151, 2013 WL 1285477 (E.D. Pa. March 29, 2014)). While findings of “no disability” were common before the Americans with Disabilities Act was amended, they have been […]

Recordkeeping: How long to hold on?

Litigation is the ultimate test of the adequacy of an employer’s recordkeeping practices, says attorney Allen Kato of the San Francisco office of Fenwick and West LLP. Of course, the courtroom isn’t the ideal place to discover that records are inadequate, incomplete, or nonexistent.

It’s the Customer, Stupid

It’s hard to believe but 2009 is coming to an end. For many, 2009 can’t be over soon enough. For most businesses, it has been a challenging year. And while we’ve seen a rebound in the stock market, most companies are reporting earnings that, while they beat analysts’ estimates, are still significantly less than they […]

Stay One Step Ahead of the Misclassification Police

What do short stories by O. Henry and independent contractor analysis have in common? You’re left guessing the outcome until the very end, says attorney Deanna Brinkerhoff. The federal Department of Labor (DOL) is cracking down on classification, and that makes now an excellent time to evaluate your organization’s classification decisions.

Worst Form of Plan ‘Leakage’ Pinpointed

Which is worst for a participant’s 401(k) savings: (a) plan loan defaults; (b) hardship withdrawals; or (c) cashouts upon job change? It turns out to be (c), especially for young employees and about one-fifth of those in the lowest income quartile, the Employee Benefit Research Institute concluded in a new analysis. The effect from the […]

Chronically Ill Spouse Is No Excuse for Poor Work Performance in Association Discrimination Claim

Recently, an employee argued in an association discrimination claim that he was fired because his employer feared he would be distracted at work by his wife’s disability. That excuse didn’t pan out, because in fact the employer was just fed up with the individual’s poor performance, making it a legitimate employment termination. So in a […]

EEO Reporting Deadline Has Passed for Massachusetts Employers: What to Know If You Missed It 

The Massachusetts Equal Employment Opportunity (EEO) workforce data reporting deadline of February 2 – established by the Wage Transparency Act that became effective in 2025- has now passed. Covered employers were required to file their EEO reports with the secretary of the commonwealth by that date. Employers who met the deadline should retain confirmation of their submission for their records. Those who did not file on time […]

Hot List: Wall Street Journal’s Bestselling Hardcover Business Books

The following is a list of the bestselling hardcover business books as ranked by the Wall Street Journal with data from Nielsen BookScan on July 12. 1. StrengthsFinder 2.0: A New and Upgraded Edition of the Online Test from Gallup’s Now, Discover Your Strengths by Tom Rath. Are you unsure where your true talents lie? […]