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A recent ruling from the National Labor Relations Board (NLRB) means employers are no longer automatically exempted when unions ask them to turn over witness statements related to employee discipline. Now, the employer’s confidentiality interest must be balanced with the union’s need for information. The American Baptist Homes of the West d/b/a Piedmont Gardens case […]
Compliance with the contraceptive coverage mandate under health reform is stayed until Aug. 1, 2013 for employers that fit into a slightly expanded enforcement safe harbor described by the Center for Consumer Information and Insurance Oversight (CCIIO) in an Aug. 15 memo. Reform’s preventive care mandate requires plans and insurers to cover a host of […]
With few exceptions, USERRA and related—and even more aggressive—state laws guarantee benefits and reemployment of employees on military leave. We started our briefing yesterday. Here’s the rest of it, and a reference that really explains it. Yesterday’s Daily Advisor laid out the broad requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA.) We […]
An employer will pay $88,500 to settle claims that it failed to provide the right accommodation to a worker with a disability, in violation of the Americans with Disabilities Act. The settlement resolves a lawsuit filed by the U.S. Equal Employment Opportunity Commission behalf of Jose Arteaga Rivas, a sheet metal mechanic who worked for […]
By Robert P. Tinnin, Jr. Q: This morning I interviewed an applicant for a clerical position in our company. She appeared to be an attractive, personable young woman and was very engaging during the interview. However, I soon learned that “she” is really a “he,” at least anatomically. She told me she is preparing to […]
Amazon.com updates its list of the bestselling books every hour. Here is a snapshot of what is hot right now, this Monday morning, February 22, in the “Industries and Professions” section of the “Business and Investing” category. 1. Drive: The Surprising Truth About What Motivates Us by Daniel H. Pink. The author of A Whole […]
The 7th Circuit in a 2-1 ruling refused to grant a preliminary injunction to Notre Dame University, which would have freed the university from participating in reform’s requirement to provide contraceptives at no cost to all women. In so doing the court criticized the university’s argument that signing an EBSA Form 700 — expressing objections to the contraceptive […]
No law specifically says employers are prohibited from discriminating against job applicants who have been out of work for months or even years. The long-term unemployed don’t have protections spelled out in any antidiscrimination laws – or do they? When jobseekers are part of a protected class that has a disproportionate number of people unemployed, […]
We reported in April on a federal court decision from Kentucky involving IBM which held that under federal law, if you’re seriously considering changes to a retirement benefit plan, you must tell your employees. Now, in a pair of new cases, the federal Ninth Circuit Court of Appeal has reached the same conclusion, explaining that […]
Can’t join your workplace wellness activities due to a health condition? Sure you can, using the government’s accessibility rules for wellness programs. Here’s a primer. In yesterday’s Advisor, we looked at “benign discrimination” and “multiple plan” rules for wellness programs. Today, we look at the “reasonableness” test and the “alternative standard” requirement, and introduce a […]