Congress recently passed legislation amending the Americans with Disabilities Act, which will greatly expand the coverage of the Act. On Thursday December 4, 2008, McNees Wallace & Nurick will host a 45 minute webinar to discuss these new changes to the ADA and what employers should know before the amendments take effect on January
Discrimination & Harassment
HR GENERALIST RESOURCES: Inclement weather policies in Pennsylvania
With the first measurable snowfall hitting many parts of Pennsylvania this week, it’s time to start thinking about inclement weather policies. Closing a business for any reason can have a dramatic impact on customers and employees. Many employers struggle with business closings and delays necessitated by inclement weather. Good communication and planning can help eleviate some of…
Final FMLA Regulations issued with an Effective Date of January 16, 2009
The Department of Labor issued 762 pages of regulations covering the FMLA. . As expected, 2009 will be a busy year for Human Resources Professionals because of compliance and legislative changes. The following is a brief summary of the regulatory changes:
Military Caregiver Leave: Implements the expanded FMLA protections for family members caring for a covered…
Employer’s Strategic Planning for an Obama Administration
President-Elect Obama told his hometown crowd that "Change has come to America." Through his election speeches, website and co-sponsorship of Senate Bills there is a road map of what changes will likely be coming to the American workplace.
Employers would be well served by examining the impact of likely legislation on their business…
ADA Amendments may Open the Door for Nicotine Addiction Claims
Today’s smokers [are] more addicted to nicotine according to a new study, which notes that 73% of those trying to quit are “highly dependent”. The Center for Disease Control and Prevention estimates that 20.2% of Americans are smokers. Pennsylvania has a slightly higher rate of smoking at 21.5 % with 51.9% attempting to quit. Many of these smokers…
Employer’s Guide to the Election
The election rhetoric has been relatively quiet on employment-related topics, except for the brief mention in the last debate. Candidate Obama has a clear agenda employment legislation based on his co-sponsorship of various bills and other media comments. Candidate McCain’s position is less clear. Detailed below is a summary of the key legislative initiatives considered by Congress in…
Employer Dress Code Standards: “Neat, Clean and Professional” may not be Enough
The New York Times article Tattoos Gain Even More Visibility discusses the rising popularity of body art and challenges facing employers in regulating employee dress. The article focuses on tattoos but raises the larger issue of employer dress code standards and their challenges in terms of both employee retention and legal compliance.
Jon Hyman at the…
Managing Layoffs and Reductions in Force
As the economic meltdown cascades through the financial, banking and related sectors, many employers are planning staff cuts. Selecting employees for lay off must be collaboration between managers and human resources. HR must be able to influence the process to reduce legal risks and assuage the anxiety of remaining employees:
Establishing Business Justification and Layoff …
“Excessive Subjectivity” and Discrimination – A New EEOC Sex Discrimination Lawsuit
On September 23, 2008, the EEOC filed a lawsuit in the United States District Court for the Western District of New York against Sterling Jewelers Inc., the largest specialty retail jeweler in the United States. The EEOC’s Complaint alleges that Sterling "pays its female retail sales employees less than male employees performing substantially equal work and…
ADA Amendments expand Disability Coverage
President Bush will sign legislation amending the Americans with Disabilities Act, which overwhelmingly passed through Congress. The ADA Amendments Act is designed to convey Congressional intent that “the primary object of attention in cases brought under the ADA should be whether entities covered under the ADA have complied with their obligations, and to convey that the…