Court Cases Show Mistakes to Avoid in ADA Compliance

Staying compliant with the Americans with Disabilities Act (ADA) presents various challenges for employers, and these challenges have only increased in the last two years during the COVID-19 pandemic. There’s a lot of complexity in determining what’s a covered condition and what’s an essential job function. Two of the biggest problems are employees who want…

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Federal Contractor $15 Minimum Wage Now Effective

The Department of Labor’s (DOL) final rule implementing Executive Order 14026 (EO), which raises the minimum hourly wage from $10.95 to $15.00 for certain workers working on or in connection with covered federal contracts and subcontracts, became effective on January 30, 2022. Contractors should determine whether they are covered by the final rule and, if…

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Department of Labor to Add 100 Wage and Hour Investigators

The U.S. Department of Labor will add 100 investigators to support its Wage and Hour Division, the agency announced Feb. 1. Investigators will conduct investigations to ensure workers are receiving their full wages, promote compliance through outreach and public education programs and aid in efforts to fight against worker retaliation and the misclassification of workers…

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When May an Employer Reject a Religious Accommodation Request?

An employer that requires vaccinations against COVID-19 must grant sincere religious accommodation requests, so long as they don’t cause an undue hardship on the company. How can a business tell whether an objection to vaccination is based on a genuinely held religious belief and accommodate without creating an undue hardship? Since it is so hard…

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Should Job Seekers Disclose Their Vaccination Status Upfront?

As more companies consider establishing a vaccine mandate, a trend is taking shape: Job seekers are promoting themselves as “Fully Vaccinated” on applications, resumes and LinkedIn profiles to stand out. Some experts are beginning to say that vaccination status is a must-have line item on resumes and LinkedIn profiles as employers prepare for regulations that…

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Employees Working from Home – How Should Company’s React?

With the country reopening due to the lessening of COVID-related restrictions, companies and employees are returning to a new “normal.” Remote working has become a recruiting tool for some companies. For other companies which have required employees to return to the office, the failure to continue to allow some form of remote working (“hybrid model”)…

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DOL Moves to Rescind Joint Employment, Independent Contractor Regulations

The U.S. Department of Labor plans to rescind a Trump-era regulation on joint employment and an impending regulation on independent contractor use, it said in a March 11 announcement. The joint employment rule took effect in March 2020 and limited employers’ liability under the Fair Labor Standards Act. A federal district court, however, vacated large portions of the…

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5 FMLA Certification Questions on Coronavirus Answered

As decisions are being made at the federal level, HR practitioners continue to seek guidance on FMLA certification procedures. Certifications for Family and Medical Leave Act (FMLA) leave continue to challenge employers in all industries, especially as the coronavirus pandemic continues, according to the Disability Management Employer Coalition (DMEC). The FMLA provides eligible employees up…

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