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EEOC Votes to Revise ADA Amendments Act Regulations

(Updated June 17, 2009) The U.S. Equal Employment Opportunity Commission (EEOC) voted Wednesday (June 17) to move forward with revising its regulations to conform to changes made by the ADA Amendments Act of 2008 (ADAAA), which would make it easier for an individual seeking protection under the ADA to establish that he or she has a […]

Facebook’s Endorsement of Proposed AI Regulation Causes Skepticism

New technologies and innovations have revolutionized society since prehistoric times, from the wheel and writing to gunpowder, the printing press, human flight, etc.—the list goes on and on. But that technologically driven societal change does not happen in a vacuum, especially in modern times.

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.

Handbooks Help Is Here!

Yesterday, we discussed two of the big employee handbooks mistakes employers tend to make, according to attorney Elaina Smiley. Today, a look at the final mistake she sees too often, and an introduction to a valuable handbook drafting tool — specifically for California employers.

Retaliation Claims: Court Rules Employers May Now Be Sued When Co-Workers Retaliate; 3 Important Steps To Prevent Lawsuits

It may come as a surprise that employers can now be sued if co-workers harass an employee who has made a workplace complaint. A recent Ninth Circuit Court of Appeals decision has broadened the liability of employers for retaliation to include not just supervisors’ acts, but also the hostile conduct of other employees. We’ll offer […]

Half of diversity managers too busy to do the job

One hundred percent of the 80 large law firms that participated in a recent survey report having a diversity committee. That number is up from 96 percent from last year’s Altman Weil Flash Survey — and it’s not the only indication that law firms are increasingly committed to diversity efforts. For instance, 58 percent say […]

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 […]

Surviving the Misclassification Crackdown

In yesterday’s Advisor, attorneys Deanna Brinkerhoff and Dora Lane helped us understand DOL’s misclassification crackdown; today, what to do about it, plus some good news—your job descriptions are ADA-compliant and up to date. Classification of workers as employees or independent contractors is a murky area, but there are some safe harbors and some steps every […]

Disaster Pay: What Happens When We Have to Close?

In the wake of recent disasters, we have realized that we don’t have good policies for dealing with pay during emergencies. For example, what if we have to close because of a power blackout? Also, the few times we’ve closed in the past, some people who lived close by came in anyway. The people who […]

COBRA Bills Face Uncertain Future as Federal Subsidy Begins to Expire

Update Dec. 21, 2009: President signs bill including COBRA subsidy extension By Ashley Gillihan and Carolyn Smith When Congress returned to session today, health care reform wasn’t the only piece of major legislation still left hanging as 2010 comes to a close. Also up in the air is whether the current COBRA health insurance subsidy […]