Bringing You More News Stories in a Shorter Format!
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To Compete or Not to Compete: ADA & Reasonable Accommodation
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You have an employee with a disability who can no longer perform the essential functions of his or her job. You have a vacant position for which this employee meets the minimum qualifications. May you require this employee to competitively bid on the position? Must you place the employee in the vacant position even if you have a more qualified candidate? The U.S. District Court for the District of Maryland recently answered “No” and “Yes,” respectively.
The case
was EEOC v. Manufacturers and Traders Trust Company d/b/a M&T BANK. Click below for the full story.
Then join us October 23rd for the
next webcast
"
ADA Updates: Trends & Tips for Today (& Tomorrow?
). $49 per person. Pre-approved by HRCI & SHRM for 1.25 credits.
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Finally! The Final Overtime Rule is here!
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On Tuesday, September 24th the U.S. Department of Labor (DOL) issued the final
overtime rule
(a.k.a. white collar or EAP rule) under the Fair Labor Standards Act (FLSA).
I had the honor of testifying twice before Congress and on behalf of SHRM in 2016 when the previous, proposed rule was pending. I am pleased to see that nearly all of SHRM's recommendations were incorporated into the new rule.
So, start your due diligence (again). Review the FLSA classification of your employees currently classified as exempt. For those whose current minimum salary is below $684/week, determine your next steps.
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Form I-9 Expires: Now What?
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On August 31, 2019 the current Form I-9 expired. The current form has a revision date of 07/17/17 in the lower left corner; the expiration date is in the upper right.
Now what? The U.S. Citizenship and Immigration Services Department
advises
, "We will publish a new edition of this form soon. In the meantime, you may file using the 07/17/17 edition."
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FMLA Forms: Time for an Update!
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- On August 5, 2019, the U.S. Department of Labor published a notice announcing a 60-day public comment period on proposed revisions to the Wage and Hour Division’s (WHD) Family and Medical Leave Act (FMLA) forms.
The deadline for submitting comments is Friday, October 4, 2019
.
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Exclusion Through Inclusion?
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A
recent headline
about a University's attempt to advance women in STEM academic studies caught my attention. Do these programs constitute sex discrimination?
It's not just in academia. Remember the U.S. EEOC
headline
touting $1.1 million paid to settle a sex discrimination lawsuit? Why? Because is provided new fathers, less paid leave to bond with a newborn, or with a newly adopted or fostered child, than it provided new mothers.
Most recently, I was recently part of a conversation that included a discussion affinity groups. Are they discriminatory?
These are reminders for employers to give your policies, programs and practices related to inclusion due consideration. Ensure that in your effort to reach out to ALL employees you do not inadvertently exclude others.
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Ageism at Work Doesn't Work!
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Earlier this year, the U.S. EEOC
published
its charge statistics for FY 2018. The report showed age discrimination charges increased to 22.1% from 20.8% the prior year.
In June, Hiscox a global specialist insurer
published
, "
Ageism in the Workplace Study
."
In September, the EEOC's headlines page continued the theme:
- September 10th - EEOC sues employer alleging failure to rehire and terminating older workers
- September 26th - EEOC sues an employer alleging the Company fired a qualified employee because she was too old
- September 18th - EEOC sues another Company alleging they told an applicant she was too old
- September 6th - EEOC sues an employer for allegedly firing a whistleblower in retaliation for the employee's reporting age discrimination
Don't despair. There is some good news. Click on the link below to find it.
What else
? For more information,
click here
to check out the archived version of FiveL's September webcast, "
The Changing Face of Age Discrimination: Today and Tomorrow
." It still provides certified HR Pros with 1.25 credits; $25 pp.
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In its 2nd Edition!
A SHRMStore "
Great 8" Best-Seller
8 Years in a Row
!
Thank
YOU
!
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Upcoming Events, Seminars & Presentations
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- Thursday, October 3rd, "Employment Law, Legislative & Regulatory Update," presented for the members and guests of MD Works, Inc., Columbia, MD.
- Friday, October 4th, "Substance Use, Abuse & Testing," presented during CV SHRM's Employment Law conference, Hagerstown, MD.
- Monday & Tuesday, October 7-8, "Pressure, Pain & Politics: What Keeps HR Pros Up at Night," presented during MD SHRM's annual conference, Baltimore, MD.
- Wednesday, October 23rd, "ADA Updates: Trends & Tips for Today & Tomorrow," Webcast.
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This publication does not constitute the rendering of legal advice. You should consult your company's legal counsel for guidance on any matter.
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