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CBO Says Health Reform Delays Will Cost Feds $12 Billion; 1M Fewer People to Have Coverage

The government’s costs to implement health care reform is expected to rise by $12 billion as a result of the recently announced delay in the employer mandate and information reporting requirements, according to a July 30 letter by the Congressional Budget Office and the Joint Committee on Taxation. In addition, the letter to the House […]

‘Music to My Ears,’ Says Your Employee’s Attorney

In yesterday’s Advisor, we featured the first nine of attorney Adam Klein’s "Management mistakes that are music to my ears." Today, we’ll add a few more of his favorites, and we’ll take a look at an extraordinary policies program that will help your managers avoid those costly mistakes. Klein usually represents employees in suits against […]

Ask the Expert: Is it better to keep personnel files in a central location or on-site locally?

October 4, 2010 This is really a matter of company policy. Many companies maintain an official personnel file with copies of resumes, applications, offer letters, performance appraisals, training records, salary increases, etc. In addition, the official file should contain any contract or written agreement between the employee and the employer (such as a noncompete agreement), […]

Disability Discrimination: Court Says Look For Alternative Jobs, Even If Workers Don’t Ask; How To Avoid Accommodation Traps

Your obligation to accommodate disabled workers may be much broader than you think. According to a new California Court of Appeal ruling, if one of your employees becomes disabled and can’t perform their job, you must suggest possible reasonable accommodations-even if the employee doesn’t ask for your assistance. What’s more, you might be required to […]

Can Less Pleasant Still Be Equivalent?

Job restoration for employees returning from family leave can be tricky. Today, we look at a couple of common scenarios. FMLA Restoration Example 1 John is a bank teller. He works at a bank branch 20 miles from his home. The branch is in a suburban neighborhood that allows John to do shopping or to […]

News Notes: Republicans Maneuver To Stop Use Of Undercover Employment Testers

Republicans in Congress have said they will support a budget increase for the federal Equal Employment Opportunity Commission—but there’s a catch. They’re demanding that the agency promise to stop using undercover “testers” who pose as job applicants for the sole purpose of scoping out whether your hiring practices are legal. The lawmakers also want to […]

News Notes: Supervisor Personally Hit With Big Harassment Verdict

An employee who claimed her boss sexually harassed her was awarded nearly $400,000 in damages—but the supervisor, not the employer, will have to pay the tab. Maria Kaul worked for a short time as a secretary for Orion Systems, Inc., in Santa Clara. She claimed her boss, Morton Kessler, repeatedly commented on her clothing, kissed […]

New ADA Compliance Guidance Covers Cancer, Diabetes, Epilipsy and Intellectual Disabilities

The agency responsible for enforcing the Americans with Disabilities has revised several of its guidance documents to reflect recent changes to the law. The May 15 changes were necessary because of the ADA Amendments Act, which expanded the law’s coverage in 2009, the U.S said in a press release. The documents explain how ADA applies […]

U.S. District Court Upholds E-Verify System

This week, a Maryland U.S. District Court ruled in favor of the U.S. government in a lawsuit challenging the legality of the E-Verify system (Chamber of Commerce of the United States v. Napolitano). This means that beginning September 8, 2009, federal contractors and subcontractors will be required to use the E-Verify system to ensure their […]

Giving thanks: employment lawyer’s list

by Richard Rainey As the holidays approach, we’ll gather with loved ones and hopefully have a chance to reflect on what we’re thankful for in our personal lives. In keeping with that tradition, we’ve given some thought to what we, as employment lawyers who represent businesses, are most thankful for when it comes to our […]