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California Employee’s Inability to Return to Work Dooms Disability Case

by Marianne Koepf, Carothers DiSante & Freudenberger LLP Winning summary judgment (a judgment in your favor without a full trial) in a disability discrimination case is rare for employers in California. Disability cases are often factually messy and involve complex legal issues. However, it can be done, as the California Court of Appeal’s recent decision […]

Playing at Work and Working at Play

by Boyd Byers Every office has at least one. The guy who stockpiles Star Wars action figures in his cubicle. Or the gal with the Hello Kitty screen saver who jams to the same music as her teenage daughter. Twenty years ago, they would have been considered immature and unprofessional. Today, they’re more likely to […]

ERISA

Series of ERISA Retirement Benefit Cases Head to Supreme Court Docket

Three lawsuits against corporate retirement benefit plans involving the Employee Retirement Income Security Act (ERISA) have been, and a fourth may be, granted certiorari by the U.S. Supreme Court for its next term, a relatively large concentration of these cases in the High Court’s recent history of hearing ERISA matters.

How Family-Building Benefits Can Attract and Retain Diverse Talent in 2023

The Great Resignation of 2022 created a pervasive issue across all enterprise organizations: attracting and retaining top talent. In fact, 63% of recruiters say the talent shortage is their biggest problem, and, as a result, leaders are scrambling to implement policies, perks, and other benefits to set their business apart from competitors. Corporations evaluating company-differentiating […]

Executives on Maternity Leave: Return Not Guaranteed by FMLA

Newly appointed Yahoo CEO Marissa Mayer — who some pundits have called “the most powerful pregnant woman in America” — is an exceptional employee in more ways than one. Even if she had worked the prerequisite 12 months (or 1,250-plus hours) at Yahoo to qualify for FMLA leave, Mayer would not be guaranteed a return […]

Which Laws Apply to My Out-of-State Remote Employees?

While an increasing number of employers are requiring their remote employees to return to the office, it’s safe to assume that some employees may continue to work remotely. For their employers, it’s important to remember that many employment laws are state-based and may vary by jurisdiction. Examples of employment issues that can be controlled by […]

disability

Don’t Drag Your Feet on Accommodation Requests

All day long you give me the runaround When you say something here, You mean something there You give me the runaround Same thing yesterday, Same thing the day before from “Runaround” by Tulsa songwriter J. J. Cale Under the Americans with Disabilities Act (ADA), an employer should grant accommodations to employees with a disability, […]

Supervisor’s Job? Keep HR’s Options Open

In yesterday’s Advisor, attorney Mark Schickman discussed basic guidelines for supervisor training. Today, more tips for supervisors, plus an introduction to BLR’s audit-by-checklist program. Your supervisors aren’t technical experts on HR matters, and they‘re not going to be, but you can train them to act in a way that preserves HR’s options, says Schickman, a […]