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California

Employer’s Past Practices Can Actually Expand Liability for Failure to Accommodate

In this case involving police recruits who were injured during training at the Los Angeles Police Department’s (LAPD) Police Academy, the court confirmed that an employee may not be a qualified individual for purposes of a discrimination claim but may be a qualified individual for purposes of a failure-to-accommodate claim. The case also illustrates how an employer’s past practices can affect the scope of its duties to disabled employees under the California Fair Employment and Housing Act (FEHA).

Stop Measuring Satisfaction—Focus on Engagement

For strategic talent management, forget surveying satisfaction, says Consultant Allan Benowitz. The meaningful focus should be on engagement. Satisfaction is about giving things to employees, he adds, while engagement is about employees giving back. Benowitz, who is the vice president of Growth and Development at The Employee Engagement Group, offered his expert tips on engagement […]

Want to Boost Diversity? Exec Sees Win-Win in Dropping Degree Requirements

Paris Wallace says he’s been an entrepreneur his whole life, and he’s passionate about lowering the barriers that keep others from the success he’s enjoyed. As CEO and cofounder of Ovia Health, a family health benefits platform based in Boston, he’s eager to hire smart, creative, innovative, capable people. But he’s quick to say they […]

Bullying: Are You Condoning It by Inaction?

“Employers Can’t Ignore Workplace Bullies,” headlines Business Week, yet a Workplace Bullying Institute (WBI) survey says that in 62% of cases, when made aware of bullying, employers worsen the problem or do nothing. What’s your policy? Workplace bullying is an epidemic. According to the WBI survey: 37% of American workers, an estimated 54 million people, […]

Off the Clock? Not So Fast: Compensable Time at Company Conferences

Q: One of our hourly, nonexempt employees is attending our company’s annual conference that includes activities after 5 p.m. Are we required to pay them for the time spent traveling to the conference, as well as for the events attended after 5? Would this time count toward overtime? Under the Fair Labor Standards Act (FLSA), […]

Intern

New Policy on Internships Puts DOL, Courts on Same Page

The U.S. Department of Labor’s (DOL) announcement that it is nixing its 2010 guidance on unpaid internships in favor of a less-rigid test puts the agency in line with recent appellate court rulings on the issue, according to an attorney following the matter.

Can an employer request certification of birth of a child from a father?

Employees can take a full 12 weeks of FMLA leave (assuming that they have had no other leave-qualifying events during the 12-month period) for the birth, adoption, or foster care of a child (sometimes referred to as “bonding leave”). Bonding leave is available to either men or women, and no medical certification is required. However, […]

Will Remote Work Kill the Sick Day?

For many, the term “sick day” tends to conjure up certain images. For some, a sick day is a euphemism for playing hooky and skipping work to go fishing, play golf, or nurse a hangover. Others have to be on their death bed or so under the weather that they can’t even make it into […]