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ADA: Employee Refuses to Engage in Interactive Process, Then Sues

By Al Vreeland, JD, Lehr Middlebrooks Vreeland & Thompson, P.C.  Since the Americans with Disabilities Act (ADA) was amended in 2008, the focus of ADA compliance has shifted from whether an employee has a disability (because everything now qualifies as one) to whether an employee’s disability can be reasonably accommodated.

Incentive Packages Must Comply with OWBPA

by Susan Hartmus Hiser Q: Our company is downsizing its operations, and we would like to offer an incentive package to certain employees as an inducement to leave voluntarily. If we do, can we obtain a release of all claims from the employees who accept the incentive package? HR Guide to Employment Law: A practical […]

NLRB, Congress mull changes to regulations on union elections

The National Labor Relations Board (NLRB) wrapped up a two-day meeting April 11 in which both foes and supporters spoke out about a proposed change to the rules governing union representation elections. But even before spokespersons of pro-union and pro-business interests began their statements, a U.S. House of Representatives Committee was advancing bills aimed at […]

Internet Giving Workers the Upper Hand in Salary Negotiations

Web-based providers of salary information, such as Compensation.BLR.com, allow job seekers or workers lobbying for a raise to tell you “what I’m worth” even before you make an offer. Here’s what to do to counter the trend. It used to be that, when buying a car, the dealers held all the cards. They alone knew […]

Unions, Politics, and Money: Campaign 2008

In a democracy, social issues regularly become political issues, and solutions (including compromises) are worked out through public elections. Since employers and unions are frequently on opposite sides of key issues, both attempt to involve the public and spend extensively to support their respective positions or solutions. Both the short- and long-term ramifications of this […]

News Notes: Military Service Members Eligible For New Savings Plan

The federal government’s Thrift Savings Plan, a 401(k)-type program previously available only to federal civil service and postal workers, will now be open to uniformed members of the armed services while on active duty and to reservists while on military-pay status. A special enrollment period runs through Jan. 31. More information is available at the TSP […]

Steps to take in response to the DOL’s proposed FLSA regulations

In 2015, the U.S. Department of Labor (DOL) issued proposed regulations that would revise the requirements for the white-collar exemptions under the federal Fair Labor Standards Act (FLSA). The DOL has not yet issued the final regulations. This article explains the steps employers should take in response to the proposed regulations. FLSA and the proposed […]

Accommodation: What Should We Consider When Addressing Employees with Disabilities?

We’re encountering challenging disability accommodation situations because of differences in California and federal law. Is the California definition of “disability” always going to be more favorable to employees than federal law? I also don’t understand why whether a person has a disability is determined under California law without considering mitigating measures. If a person is […]

Add Your Voice on Retention, Engagement, and Branding

The world of talent management is abuzz with concepts like retention, engagement, and branding. Does your company track these things? If so, how? Do you think it works? Tell us in our latest survey. Taking the survey gives access to the results as soon as they are compiled. We’d love to hear what you have […]

Workplace Discipline Done Right: What Your Managers Need to Learn

You might think the law’s behind you when you discipline workers, but human factors can change the equation. Employment-at will is a bedrock concept of American business, allowing employers, with few exceptions, to fire anyone, at any time, for any legal reason. No documentation is legally required. But take that concept too literally and you […]