Although Obamacare allows employers to conduct biometric tests, the EEOC says such tests violate the Americans with Disabilities Act and the Genetic Information Nondiscrimination Act.Read More
As the popularity of e-cigarettes continues to grow, there’s still no definitive ruling on the safety and proper regulation of the tobacco-free alternative. It’s up to employers to fill in the gaps.
Employers can use the ACA as a framework to communicate the value of their plans in a positive light.
An 'honest belief' will not save an employer who denies an employee’s FMLA request without first exhausting all available avenues of communication and clarification with the employee.Read More
Unless an employee is absolutely unable to perform the essential functions of the job with (or without) reasonable accommodations, a medical diagnosis should never come into play as a reason for termination.Read More
Employee safety should always be the company's highest priority, and employers should follow CDC guidance and avoid knee-jerk reactions, no matter how provocative an employee's activities may be.
The moral of this story is to confirm, but don’t fish, when seeking medical information from an employee returning to work following a medical leave of absence.Read More
Since Congress expanded the definition of 'disability' in 2009, conventional wisdom has said that most medical conditions will qualify for protection under the ADA. This case sets the bounds of the exception.Read More
FMLA leave is federally guaranteed for a reason. Don’t mess with that reason by requiring work (albeit paid and at home) in lieu of bona fide leave of absence.Read More
Employers who have not accurately counted the number and type of employees within their organization by Jan. 1, 2015, could end up with unnecessary expenditures as a result of the Affordable Care Act’s employer mandate.