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The Americans with Disabilities Act of 1990 makes it illegal for companies to discriminate in employment against a qualified individual with a disability, according to the U.S. Equal Opportunity Commission (EEOC). This legislation, which has been amended in the years since it was originally signed into law, provides guidelines to employers for accommodating and being fair … Continued
The Americans with Disabilities Act (ADA) applies to employers with 15 or more employees. Despite its broad coverage, there’s a lot of confusion about what the law requires and what its terms entail. A big reason for this confusion is the language of the law itself; the ADA speaks of nebulous concepts like undue hardship … Continued
If you hadn’t engaged with the Americans with Disabilities Act (ADA) before the pandemic, you probably have by now. The ADA comes up a lot these days, both with respect to confidentiality of medical information (like employee temperatures) as well as with reasonable accommodation for those who are at high risk for a serious case … Continued
In 2020, many people with disabilities use the emotional and physical support provided by a service animal. This means that the workplace has seen an increase of these service animals over the last decade and therefore the workforce needs to be educated on this changing environment. Let’s take a look at what constitutes a service … Continued
Question: Can we require our employees to get flu shots? Answer: While there is no law that prohibits employers from mandating flu shots — and in some states, the law requires all healthcare workers to get flu shots — you should carefully determine if the benefits to your business outweigh the risks. There has been … Continued
The Supreme Court of the United States (SCOTUS) heard several cases with employment implications during their 2018 session, including the following four cases we covered in detail. (Click the case names to read the full articles.) Encino Motorcars, LLC v. Navarro: Encino shifted the burden of proof in Fair Labor Standards Act (FLSA) overtime exemption … Continued
IRS Releases Publication 15 and W-4 Withholding Guidance for 2018 On January 31, 2018, the federal Internal Revenue Service (IRS) released Publication 15 — Introductory Material, which includes the following: 2018 federal income tax withholding tables. Exempt Form W-4. New information on: Withholding allowance. Withholding on supplemental wages. Backup withholding. Moving expense reimbursement. Social Security … Continued
On August 22, 2017, in AARP v EEOC, a federal court found that regulations allowing employers to offer large incentives under workplace wellness programs were arbitrary. The court did not vacate (nullify) the rules due to concerns about disrupting employers’ existing programs. Instead the court has ordered the responsible agency, the Equal Employment Opportunity Commission … Continued
Question: We are considering becoming a dog-friendly office. Are there drawbacks we should consider when allowing employees to bring their dogs in to work? What are the best practices we should follow? Answer: There are many legal and other issues to consider before implementing a dog-friendly office. For instance, employers in the food processing or … Continued