Compliance

August 22, 2016

Working with Alcoholics

Alcoholism can qualify as a disability and disabled individuals are considered a protected class of employees. Balancing a protected alcoholic individual’s rights and enforcing work rules is not difficult as long as the employer knows the guidelines imposed by the American with Disabilities Act (ADA), the Equal Employment Opportunity Commission (EEOC), the Family Medical Leave Act (FMLA) and Occupational Safety and Health Administration (OSHA). Employers also need to keep state discrimination and leave laws in mind. It sounds complicated, but it is not. Employers can write and enforce rules about drugs and alcohol in the workplace. The Ninth Circuit noted […]
July 22, 2016

White Collar Overtime Rules

The new overtime rules are happening. The Final Rule is out and becomes effective December 1, 2016. There is plenty of evidence that the Department of Labor (DOL) listened to its more than 300,000 comments on the proposed legislation. The Department is required to provide employers with at least 60 days to comply. It provided six months and the clock is ticking. The new minimum salary is $913 a week, $47,476 annually. It is still more than twice the current minimum salary which was set in 2004, yet less than the proposed rule. The DOL established a 40th percentile of […]
June 17, 2016

The Intermittent FMLA Scrimmage

The Family Medical Leave Act (FMLA) entitles employees to take an unpaid, job protected leave. It affects employers with 50 or more employees to assist employees in balancing the demands of the workplace with family needs. Eligible employees may take time off to care for themselves and their families. Employees are entitled to up to twelve weeks off in a year in most cases, and 26 weeks off for military caregiver leave. Most employers understand the need and abide by the regulations. The record keeping of intermittent leave poses a burden to some employers. Time off may be taken in […]
May 19, 2016

What Supervisors Should Know about the ADA

Supervisors do not need to know Congress passed the amendment to the Americans with Disabilities Act (ADA) in 2008 because the Supreme Court’s narrow definition of disability resulted in the denial of protection for many people with impairments including cancer and epilepsy. Now the definition of a disability is broad. So broad, that many employers do not bother to determine whether the employee qualifies; they simply accommodate. Employers should take the time to determine whether an employee qualifies for protection under this law. Supervisors need to protect their companies and their employees. Supervisors do need to: Stay away from medical […]