By Lynne Curry bio Everyone in your office knows she's a problem. She mouths off constantly and prefers chatting with coworkers to doing her job. You regret the day you hired her and when she makes one smart-aleck comment too many about your practice, you say "Look, you're not happy here. I'll have the bookkeeper draw up a final check. I wish you good luck." Big mistake. … [Read more...] about Retaliation landmine
Compliance
EEOC issues final rules on employer wellness programs
The U.S. Equal Employment Opportunity Commission (EEOC), which enforces federal laws prohibiting employment discrimination, has issued final rules that describe how Title I of the Americans with Disabilities Act (ADA) and Title II of the Genetic Information Nondiscrimination Act (GINA) apply to wellness programs offered by employers that request health information from … [Read more...] about EEOC issues final rules on employer wellness programs
Two ADA surprises: odd disabilities and attorney’s fees that can hit the sky
Two surprising points about the ADA. First, what the office doesn’t think is a disability could well be one. And second, the ADA applies to access to public places such as stores and restaurants – and offices. And while the law “has a noble purpose,” along the way “it’s been hijacked by a subset of plaintiffs who have made it their life’s work to target as many public … [Read more...] about Two ADA surprises: odd disabilities and attorney’s fees that can hit the sky
5 steps to creating a more inclusive workplace for employees with disabilities
Did you know that more than 70 percent of people with disabilities in the United States are unemployed? For a community that represents 20 percent of the entire American population, people with disabilities are far underrepresented in the workplace. According to the Ruderman Family Foundation, a national leader in disability inclusion, these statistics are a reflection of one … [Read more...] about 5 steps to creating a more inclusive workplace for employees with disabilities
How to investigate an employment-related complaint from a staffer
Got a complaint from an employee? Investigate it. If that complaint turns into a legal claim, part of the allegation of wrongdoing may well be that the office "didn't take it seriously and failed to investigate," says employment law attorney Ingrid Culp of Fredrikson & Byron in Minneapolis. The law doesn't require that an employer investigate a claim, she says. But it is … [Read more...] about How to investigate an employment-related complaint from a staffer
Don’t let wage and hour complaint lead to costly retaliation claim
A retaliation claim is expensive to defend and even more expensive to lose. And now it's easier for employees to file one in matters related to the Fair Labor Standards Act (FLSA), which covers wage and hour law. In the past, a retaliation claim for complaining about pay and hours was valid only if the employee put the complaint in writing. However, a U.S. Supreme Court ruling … [Read more...] about Don’t let wage and hour complaint lead to costly retaliation claim
Should you put a lid on political talk in the office?
The current presidential campaign is certainly intriguing. Who doesn't have an opinion about a recent rally, debate or op-ed? No doubt your staff members do. But do you want them to voice these opinions at the office? With political sentiments high—and getting higher—one issue that managers face is how to keep the discussions between staff members from becoming heated to the … [Read more...] about Should you put a lid on political talk in the office?
Changes to watch for in disability and absence management
Employee leave continues to undergo change and become increasingly complex. Although several regulations, such as the Family and Medical Leave Act (FMLA) and Americans with Disabilities Act and Amendments Act (ADA/AA), have been in place for several years, legal interpretation and application are subject to ongoing clarification. Meanwhile, regulatory initiatives under the … [Read more...] about Changes to watch for in disability and absence management
Avoid these 4 deadly discrimination traps when hiring or firing
The possibilities of stirring up a discrimination claim when hiring and firing are endless. All that's needed is an assertion, however thin, that the decision was based on some wrongful reason. Here are four areas that can take a manager by surprise. Dear Applicant: You're not hired. First is the letter of rejection the office sends to its turned-down job applicants. Don't … [Read more...] about Avoid these 4 deadly discrimination traps when hiring or firing
Old policies can be worse than no policies
By Steve M. Cohen bio Office managers have a great deal of work that is unexciting at best. Topping this list may be updating policies. But with recent court rulings, new regulations, and other changes, it's more than likely that your policies need a bit of updating. It's a mistake to assume that you can "just get by." One error that many make is confusing "policy" … [Read more...] about Old policies can be worse than no policies