Complying with the Americans with Disabilities Act (ADA) has always required employers to walk a fine line. The guidelines aren’t always clear, every disability and particular situation involve a unique set of factors, and the laws are constantly developing. Many are still trying to sort out the implications of the ADA Amendments Act of 2008 (ADAAA).
For many employers, properly calculating overtime can feel like an unending process. Factoring in break times can be complicated. Employees who may seem exempt from overtime may actually be entitled to it under the Fair Labor Standards Act (FLSA). Unfortunately, miscalculating overtime can be costly for companies in terms of fines and lawsuits.
Workplace violence risks are real, and employers face legal liabilities when employees or customers are victims. Employers must understand how they could be vulnerable to a lawsuit after an incident of workplace violence, and what they can do to prevent such incidences.
The proposed Employee Free Choice Act (EFCA) was a major concern for employers with workforces that were considering or might consider unionizing because it could bring in a so-called card-check system. EFCA failed to become law, but a recent decision by a regulatory agency could still lead to card check.
Companies that allow managers to rush through the evaluation process or fail to follow proper protocol expose themselves to legal problems. They also miss the opportunity to offer feedback and help workers set goals, identify areas that need improvement, and determine whether employees deserve raises or promotions.
Former employees occasionally seek unemployment
benefits they don’t deserve, either because they are desperate, confused, or
trying to cheat the system. Employers, ultimately bearing the cost of
unemployment payments, must evaluate whether to challenge those unemployment
claims. That question has recently become more difficult.
It’s the bane of many managers’ jobs - the preventable accident. In order to instill a sense of responsibility in employees, employers may consider charging workers a deductible after they have had a preventable accident. However, before instituting a policy about charging deductibles, there are many things to consider.
For employers with operations in the 14 states that have legalized marijuana for medical purposes, it is a difficult task to juggle the need for a drug-free workplace environment and the rights of employees who have prescriptions to legally use marijuana. How does legalized use of marijuana impact drug testing policies?
With the passage in Arizona of a controversial immigration-related state law and possible federal immigration reform legislation, it is possible we may soon be seeing more immigrants’ rights demonstrations. The economic impact of employees missing work to participate is obviously a legitimate concern.
When President Obama signed the Health Care and Education Reconciliation Act of 2010 into law, it brought months of bitter debate to an end. Regardless of how employers may feel about the two pieces of legislation that make up health care reform, most have been left to wonder: What exactly do we do now?