Posts from September 2011.

Smoker.jpgDo you want a healthy workforce? Of course! But don't overdo it. A too-aggressive wellness program may make your company sick in the long run.

Employers and their insurance companies love wellness programs. They result in reduced premiums as well as (presumably) fewer big-money claims because they encourage employees to take better care of themselves.

Many employers offer ...

Don't eat that pretty red apple, Snow White!!! It has poison in it!!!!

You know the old saying, "If it seems too good to be true, it probably is"? Well, it appears that this may be the case with the new "sweet deal" the Internal Revenue Service is offering to employers who agree to reclassify their "independent contractors" [sic] as "employees" in exchange for some admittedly generous ...

I feel as if all I ever do these days is write about the Americans with Disabilities Act, but what else can I do? In the last six weeks, the Equal Employment Opportunity Commission has filed 21 lawsuits -- count em, 21! -- against employers alleging disability discrimination.

This is in addition to the $20MM settlement with Verizon (which I reported on earlier), not to mention a record high

Many, many thanks to all of you who voted for Employment & Labor Insider for the LexisNexis Top 25 employment law blogs. Because of you, we made the list. (See our shiny new LexisNexis "Top 25" badge on the right of your screen.) We very much appreciate your support.

Congratulations also to Mike Maslanka, head of Constangy's Dallas Office, whose Texas Lawyer WorkMatters blog also made the ...

Never . . . well, hardly ever. ("What, never? No, never! What, never? Well . . . hardly ever! He's hardly ever sick at sea . . .")

Our friends at the U.S. Equal Employment Opportunity Commission recently scored another big win in a pregnancy discrimination case -- actually got summary judgment against the employer, which is unusual. In this case, the employer apparently knew it had messed up ...

UPDATED 9/13/11 (see below):

And, more importantly, what is it with The Price Is Right? It's a regular Peyton Place, for cryin' out loud.

Everyone is probably familiar with the sexual harassment allegations from a few years ago against game-show icon and former TPIR host Bob Barker. Barker wisely admitted to a consensual affair, and the harassment case went away.

Now another ex-TPIR ...

FAQ Round 8.jpgYou bet! You may, and it's strongly recommended unless you are comfortable with the opinion of the employee's doctor.

First, by sending the employee to the doctor, you can verify the need for the reasonable accommodation. (Honestly, this is not a big deal because challenging the existence of an employee's medical condition is a losing battle most of the time.)

Second, you can determine ...

Here are the rules, as simply as I can state them:

1. If actual work is performed, you've almost always gotta pay. 99.99999 percent* of the time. This is so, whether the work is performed at the office or factory, at a customer's or client's site, at the employee's home, in the employee's car, in a hotel room, at McDonald's, in a parking lot, in a dark alley, ANYWHERE. And, yes, "work" can ...

Happy Labor Day weekend! Over the next 6 business days, I'll have a series of short posts addressing common questions that employers have about the law. If there is an "FAQ" that you would like for me to address, please let me know in the comments box.

I may also have more in-depth postings as circumstances warrant.

Employer FAQ No. 6: We don't have a union. Do I still have to display that new ...

OK, I admit it. This was not a "frequently asked question" until recently, after the New York Times ran a piece by a University of Texas economist who argued that the anti-discrimination laws should protect ugly people.

Since that time, this ridiculous highly creative suggestion has been blogged and tweeted about everywhere, so I would say that it now qualifies as a true "FAQ." In any ...

Over the next 7 business days, I'll have a series of short posts addressing common questions that employers have about the law. If there is an "FAQ" that you would like for me to address, please let me know in the comments box.

I may also have more in-depth postings as circumstances warrant.

Employer FAQ No. 5: Is there any difference between light duty and reasonable accommodation?

Most of ...

Robin Shea has more than 20 years' experience in employment litigation, including Title VII and the Age Discrimination in Employment Act, the Americans with Disabilities Act (including the Amendments Act). 
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