Human Resources

From employment law to compensation and benefits, FMLA and hiring and firing and more, Business Management Daily provides comprehensive Human Resources updates.

Discover how your colleagues – and competitors – are dealing with discrimination and harassment, employment law, benefits programs, and more.

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In a long-anticipated move, President Obama on July 21 amended Executive Order 11246 to prohibit discrimination by federal contractors on the basis of sexual orientation or gender identity. The DOL has until late October to develop regulations implementing the order.
While some may dream of hitting it big and leaving their office behind them, a new study from CareerBuilder suggests that’s not the case for everyone.
Employees who sue for alleged retaliation after reporting safety problems in the workplace have a new and powerful ally: the Cali­for­nia Labor Commissioner’s office, also known as the Division of Labor Standards Enforcement.

When it comes ADA disability discrimination claims, employers have to think about litigation as soon as an employee self-identifies as disabled and brings up potential reasonable accommodations. If a supervisor or HR professional refuses to even consider accommodations, it all but guarantees that the case won’t be dismissed at the summary judgment stage, potentially leading to a jury trial.

Q. A 26-year-old employee has terminal cancer and can’t work any longer. Our company is small and doesn’t offer health insurance, and she is not covered on an individual policy. Is it a correct protocol to lay off this employee so she can receive unemployment and other benefits, such as Medicaid?
Here’s a warning to pass on to everyone involved in the hiring process: If the most qualified applicant for an open position happens to be a former employee who used FMLA leave in the past, you can’t use that leave as an excuse not to rehire him. That’s retaliation under the FMLA.
According to the U.S. Travel Association, 61% of employees leave three or more vacation days on the table every year, and they’re less likely to use up those days if they’re allowed to carry them over to the following year.
Sometimes, a disabled employee simply cannot perform his or her job to the standards you legitimately expect. If you make reasonable accommodations and try to find a way for the employee to successfully perform the essential functions of the job, you have done all you are required to do. You can terminate the employee for poor performance.
Employees can’t count their work histories with religious organizations when seeking unemployment benefits.
Sometimes, poor appearances lead to lawsuits. That can certainly be the case when a reduction in force (RIF) seems to disproportionately affect a protected class of workers.
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