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Employment Law

ADA accommodation may not be possible, but explore the options

04/11/2013
Under the ADA and the MHRA, disabled workers are entitled to reasonable accommodations. Deciding what’s reasonable requires an interactive process in which both employer and employee discuss options that allow the employee to perform essen­­tial job functions. The employer then can choose which accommodation it prefers.

Rights groups take aim at Target over criminal records

04/11/2013
The NAACP and the advocacy group Take Action Minnesota have accused retail giant Target of unfair hiring practices, alleging that the chain unnecessarily rejects job applicants based on their criminal records.

‘Magic word’ not needed for accommodation

04/11/2013

By now, you are probably familiar with the idea your FMLA obligations are triggered when employees provide enough information for you to reasonably understand that they might need FMLA leave. They don’t need to say any “magic words.” It’s the same with requests for reasonable accommodations under the ADA.

Take heart: EEOC doesn’t win every time

04/11/2013
The EEOC sometimes tries to test out new retaliation theories to trip up employers. Its most recent attempt didn’t work.

Labor nominee Perez faces resistance from GOP senators

04/11/2013
Thomas Perez, the Obama administration’s pick to become Secretary of Labor, can expect tough questions from Republican senators when he sits down for confirmation hearings on April 18.

You could personally pay for FMLA violations

04/10/2013
The FMLA provides for individual liability for those who are responsible for approving FMLA leave and ensuring the employer follows the law on leave and reinstatement. That means managers—and HR staff!—can be held personally responsible for FMLA mistakes, potentially costing them the loss of their own personal funds.

Employee tardy due to FMLA caretaking? That’s not legitimate FMLA ‘leave’

04/08/2013
It’s difficult to track which out-of-the-office hours qualify for FMLA leave. But what if the employee comes to work, only to spend much of her time on the cellphone dealing with the relative’s serious health condition?

Flip-side of Yahoo debate: Is flextime required?

04/05/2013

Yahoo’s CEO got caught in a major media firestorm over her decision to eliminate employees’ work-from-home options. But employers should not get Yahoo’s business mandate confused with the legal obligations of every U.S. employer to consider flexible work arrangements for their disabled employees.

When it comes to bias, the customer’s not always right

04/03/2013
Watch out for the old adage that the customer is always right. Take it too literally, and you could be courting employment law liability. Handling customers who ask you to violate the law is tricky.

Payback: Courts strike at NLRB … and the NLRB strikes right back

04/03/2013

The NLRB has been stung several times in recent months, but continues to sting back. First, a federal appeals court ruled that several board members had been illegally appointed. Then an NLRB decision favoring striking health care workers was overturned. Regaining its footing, the NLRB decided to punish a nonunion em­­ployer for discouraging unionization in its handbook.