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Ignoring Employee ADA Accommodation Requests Can Be Costly – A Cautionary Tale Posted on: February 22, 2021 In: Labor & Employment
As all employers should well know by now, the Americans with Disabilities Act (ADA) and many state and local counterparts may require employers to engage in an interactive process in response to a disabled employee’s request for a workplace accommodation. A recent ruling by the First Circuit Court of Appeals illustrates why employers have a very strong financial incentive to be proactive in adopting and rigorously enforcing their disability accommodation policies.
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Tags:
employment law, human resources, ada, reasonable accommodation, 1st circuit
Fourth Circuit Clarifies Employers Not Required to Abandon “Disability Neutral” Competitive Hiring Systems to Reassign Disabled Employee Posted on: February 17, 2021 In: Labor & Employment
The Americans with Disabilities Act’s (ADA) reasonable accommodation duty often creates frustrating uncertainty for employers and employees. Reassignment, a term used in the ADA’s statutory language as an example of a potential reasonable accommodation, is fraught with uncertainty when evaluated by employers and employees as a potential accommodation. The Fourth Circuit recently addressed the reassignment dilemma in Ellege v. Lowe’s Home Centers, LLC.
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Tags:
ada, 4th circuit, reasonable accommodation, reassignment, employment law, human resources
What to Expect When Your Employee Is Expecting: A Refresher on California’s Pregnancy-Related Leave Laws Posted on: January 26, 2021 In: Labor & Employment
Given that California is known as one of the most employee-friendly states, it follows that California’s pregnancy and parental leave laws are among the most generous in the nation. These laws greatly benefit new and expecting parents; however, their varying components can lead to substantial confusion for employers. While every situation is different and requires a case-by-case analysis, this post's guidance will help navigate the nuances of pregnancy-related leave laws applicable in California.
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Tags:
california, parental leave, fmla, cfra, npla, feha
California Family Rights Act’s Expanded Applicability & Coverage: What Employers Need to Know Posted on: January 19, 2021 In: Labor & Employment
On January 1, 2021, California Senate Bill 1383 (SB 1383), signed into law by Governor Gavin Newsom on September 17, 2020, became effective, significantly expanding the California Family Rights Act’s (CFRA) applicability and coverage. The CFRA provides qualified employees with 12 weeks of unpaid leave and job protection for qualified leave events, such as time to bond with a new child, caring for qualified family members who are experiencing a serious health condition.
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Tags:
california, cfra, family leave, medical leave, fmla, human resources
3 Things Employers Need to Know About Employee Classification: A Refresher Course Posted on: January 11, 2021 In: Labor & Employment
Congratulations! You and your business survived a global pandemic and one of the most challenging economic downturns in recent memory. The last year took a devastating toll on employees and business alike, and you may be looking to reconsider employee compensation and avoid litigation. As you look forward to bouncing back in 2021, here are three reminders for properly classifying employees.
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Tags:
employee classification, minimum salary, duties test, payroll, human resources
Cooks and Dishwashers Can Share in Servers’ Tips Under DOL Final Rule Posted on: December 29, 2020 In: Labor & Employment
On December 22, 2020, the Department of Labor (DOL) issued final rules for pooling tips among employees of hospitality businesses, an industry severely impacted by COVID-19. Where an employer provides the standard minimum wage, the final rule established by the DOL allows the employer to establish a tip pool that includes cooks, dishwashers, and other back-of-the-house employees who ordinarily are not permitted to share tips under the Fair Labor Standards Act.
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Tags:
dol, tips, minimum wage, hospitality, flsa, wage and hour, payroll
Documenting and Communicating Demotions Posted on: December 14, 2020 In: Labor & Employment
Proper documentation and communication of demotions are essential to ensuring your employees have a clear understanding of their job duties and company expectations. Taking steps to document these changes in the employment relationship will also help identify any deviations from company policy or gaps in progressive discipline that should be addressed to protect against future litigation. The steps described in this post are best practices to aid you in documenting and communicating demotions.
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Tags:
demotions, documentation, communication, human resources
California’s Private Attorneys General Act: A Primer Posted on: December 11, 2020 In: Labor & Employment
In recent years, lawsuits involving claims under California’s Private Attorneys General Act (PAGA) have become increasingly popular. Although PAGA is detailed and each case requires an in-depth review by an attorney, this article will provide a brief explanation of the Act.
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Tags:
california, paga, wage and hour, labor law, human resources
Five New Non-COVID-19 Laws Taking Effect in 2021 That California Employers Should Know About Posted on: December 09, 2020 In: Labor & Employment
As 2021 fast approaches, it is important for California employers, and employers with California employees, to be aware of some of the latest labor and employment laws in The Golden State. While most of the discussion online and in the media has focused on the new and significant local, state, and federal legislation issued in response to COVID-19, this article focuses on five new laws that aren't directly responsive to the pandemic, but are still important for California employers to know about.
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Tags:
california, minimum wage, settlement agreements, labor complaints, fair employment, rest breaks
What Pennsylvania Employers Should Know About the New Overtime Regulations Posted on: December 07, 2020 In: Labor & Employment
For the first time in more than four decades, the Pennsylvania Department of Labor and Industry has modified the Commonwealth’s overtime regulations. These amendments, which became effective on October 3, 2020, raise the minimum salary threshold for overtime exemption. They also modify the definitions of executive, administrative, and professional employees to make them more consistent with the Fair Labor Standards Act. Employers should review these changes and adjust their overtime policies as necessary.
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Tags:
pennsylvania, overtime, wage and hour, flsa, payroll
Respect and Communication: Pathways to Productive and Satisfied Employees Posted on: December 04, 2020 In: Labor & Employment
As we come off Election Day, there has been a lot of discourse about respect. So, let’s talk about respect in the workplace. Too often, legal claims arise when employees are not treated with basic respect. Business owners and managers must learn to respectfully communicate their expectations to those who work for them. Employees are not robots who perform rote tasks; they are humans who deserve respect and the information they need to perform successfully at work.
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Tags:
communication, productivity, management, respect, human resources
The Second Wave is Here – N.J. Executive Order 192 Imposes New Pandemic-Related Requirements for Employers Posted on: December 03, 2020 In: Labor & Employment, COVID-19 Response
We had all heard it was coming, and now it looks like it’s here and going to stay awhile. Businesses have been given curfews, indoor dining is curtailed again, and schools are going all virtual. We are back, but what is different this time is many people are suffering from “quarantine fatigue.” That being the case, employers must not treat this wave differently than they did the last time. New Jersey has recently set forth requirements that employers must follow for those employees in the office.
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Tags:
new jersey, covid-19, executive order, workplace safety

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