HR That Works was launched in 2001 after California attorney Don Phin left a successful employment practices litigation career. He realized that the win/lose mentality of litigation did little to help employers or their employees. He also woke up to the fact that lawsuits have as much to do with a company’s culture as it does their compliance procedures.
What is an employer’s responsibility to provide an accommodation for driving, and what are some accommodations available for driving? These are common questions that we receive at the Job Accommodation Network. To answer these questions, we need to consider that there are many different reasons that an individual may need an accommodation for driving. Some people may need accommodations related to their commute to work, others might need accommodation for on-the-job travel such as site visits in the field, and still others may be professional drivers who are responsible for transporting persons or material as an essential function of their
“All labor that uplifts humanity has dignity and importance and should be undertaken with pain-staking excellence.” – Martin Luther King, Jr. This issue discusses: Editor’s Column: 24 Recent Thoughts and Statements Does Telecommuting Work? A New HR Story Holiday Party Reminders & Religious Accommodation Managing Outrageously Random Thoughts About the Future of Work Question of the Month We have also provided you with the Form of the Month. Please click here to view the newsletter in PDF. Editor’s Column: 24 Recent Thoughts and Statements I do a lot of reading. Here are some thoughts inspired by the latest round: No
Conduct problems may be some of the most difficult issues to address in the workplace and oftentimes have little to do with a disability. Employers are often mystified by the nature and range of conduct issues that crop up. For more information on conduct issues, how they can be handled under the ADA, and real life situations and solutions, please read on. According to the EEOC’s guidance on The Americans with Disabilities Act: Applying Performance and Conduct Standards to Employees with Disabilities, employers need not lower a conduct standard for an employee with a disability and can hold that employee
Overtime—Effective Jan. 1, 2014, computer software employees are exempt from overtime requirements if they are paid at least $40.38 an hour and their annual salary is at least $84,130.53. In addition, licensed physicians and surgeons are exempt from overtime requirements if they are paid at least $73.57 an hour.
A snapshot of what a recent group of CEO’s told me is most important to them: Here’s my quick question: Do you think the HR folks at these companies know what the most important HR concerns are of their owners? Do you know what is most important to your owners?
In an effort to increase the hiring of veterans and the disabled, the DOL has issued new guidelines that will affect Federal contractors. If you are such a company, go to the Department of Labor Website and http://www.dol.gov/ofccp/regs/compliance/section503.htm where there is a summary of the obligations, the Final Rule, FAQ’s and more.
Worklaw® Network firm Shawe Rosenthal recently reported one more ridiculous decision by the NLRB (I wonder what their workplace must be like given their approach to work). No surprise, what most of us would think is a decent rule…really isn’t! Fact is, it is getting ever harder to draft workplace conduct rules…even for the lawyers. Of course by the time some of these decisions make it around to the Federal Court system they are often overturned. Do they really think that employees consider these rules before deciding on whether to raise legitimate concerns about work conditions? Is “disruption” really necessary
On November 7, the U.S. Senate passed Senate Bill 815, also known as the Employment Non-Discrimination Act (ENDA), to federally protect individuals from discrimination in the workplace based on their sexual orientation and gender identity. The bill’s passage comes a mere four months after the Supreme Court’s landmark decision in United States v. Windsor, which held that same sex couples who are legally married must be treated the same as married opposite sex couples under federal law. We reported on the potential impacts of Windsor here. The bill bars employers from basing a personnel decision or treating an employee differently
As part of the significant changes going on at the DFEH, they have renumbered the California Regulations as per this doc. This does not create and substantive changes. A source you should keep handy is this link www.dir.ca.gov/dlse/dlseLaws.html, which contains those regulations and much more. The email from the DFEH follows: The DFEH Fair Employment and Housing Council’s (Council) Changes without Regulatory Effect have been approved by the Office of Administrative Law (OAL) and published in the California Code of Regulations, title 2, section 11001 et seq. These changes conform the regulations of the former Fair Employment and Housing Commission
A recent Federal Court case State of Arizona v. ASARCO (9th Cir. 11-17484 10/24/13) points out just how bad supervisors can get and what can happen to an employer who looks the other way. Apparently the Plaintiff, Ms. Aguilar, got hit on by her bosses a lot. For example, in her lawsuit she claimed that on June 18, 2006, Aguilar became a rod and ball mill person, which took her from the filter plant to the main mill building. In Aguilar’s crew was Julio Esquivel, a “distributed control systems operator.” Although he was not her direct supervisor, Aguilar reported to