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Policies and Procedures

Policies and Procedures

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The ADA and Employer Inquires About Prescription Drugs

August 28, 2014
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Surprisingly, the ADA is silent on these issues. But the 6th Circuit federal court attempted to give us some answers.
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The Difference Between Alcoholism and Drunk Under the ADA

August 25, 2014
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The ADA is never going to cover any employee who uses substances at work, let alone one who’s in an altered state a result.
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Cop Loses Big ADA Verdict on a Finding of No Disability

August 21, 2014
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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.
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When the Cat’s Paw Strikes Retaliation

August 20, 2014
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Retaliation claims remain harder for employees to prove, and easier for employers to win on summary judgment.
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Do Not Force Employees to Work During FMLA Leave

August 13, 2014
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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.
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Do the Math: The ACA Means Correct Counting

August 8, 2014
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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. 


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Hold the Onion(head)

August 6, 2014
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Whatever you call your deity — God, Jesus, Allah, Buddah or even Onionhead — leave it at home.
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Beware the 'Anticipatory Pregnancy' Claim

August 6, 2014
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If a pregnant employee tells you that she will be unable to perform at some point in the future, wait until that time to terminate her.
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Why Culture Trumps Compliance

August 5, 2014
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To instill ethical behavior, organizations must provide incentives and encourage everyone to not only act properly but also to report violations.
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LinkedIn’s $6 Million FLSA Settlement Provides a Good Lesson to Employers

August 5, 2014
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Do not assume that you need not pay overtime to employees who are paid other than hourly.
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