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What Employers Need to Know About the Pregnant Workers Fairness Act
The Pregnant Workers Fairness Act (PWFA) took effect on June 27, 2023, and represents a significant increase in the legal protections given to pregnant workers.  This new law requires employers to provide reasonable accommodations to employees affected by pregnancy, childbirth, or related medical conditions, unless doing so would impose an und...
Are Remote Employees Covered by FMLA?
The U.S. Department of Labor (DOL) issued a field assistance bulletin (FAB) on February 9, 2023, to clarify the Family and Medical Leave Act’s (FMLA’s) hours-of-service eligibility requirement for teleworkers, as well as the application of the Fair Labor Standards Act (FLSA) to nonexempt remote workers. On the same day, the DOL also exp...
New Updated CDC Guidelines for Reopening Workplaces
Late last week, the Centers for Disease Control (CDC) released updated information and a new tool to assist employers in making (re)opening decisions during the COVID-19 pandemic, especially to protect vulnerable workers.  First, a Workplace Decision Tree advises employers to first review state and local orders and directions to determine the mos...
Using Post Offer Medical Questionnaires? Be Careful, Use Correctly
If your company uses post-offer medical questionnaires for new hires, listen up.  How you use the form and when you use it matters to the EEOC.  Additionally, make sure your company knows how to use the medical information and discuss results with the employee.  This month an Alabama contractor that used post-offer medical questionnaires and su...
“No pants” religious belief required accommodation by Employer
COLUMBIA, S.C. – Akebono Brake Corporation, a Michigan-based company that designs and manufactures automotive brake components, was alleged to have violated federal law when it refused to hire a temporary laborer because of her religion, the U.S. Equal Employment Opportunity Commission (EEOC) charged in a lawsuit filed today. The EEOC charged...
Mandating Saturday work to employee costs Ready Mix Concrete company $42,500
With the busy #construction season in full gear, many companies ask employees to work on weekends and nights. #HR What happens when an employee is asked to work a Saturday shift and he turns it down because he says his faith does not allow him to work on the Sabbath?  A Greenville, NC ready mix......
What factors determine essential job functions?
Employers covered by the Americans with Disabilities Act (ADA) (15 or more employees) are familiar with the phrase “essential job functions” when it comes to legally accommodating employees and applicants with disabilities.  When examining company  jobs, what job functions are essential, are what are marginal?  The distinction is ver...
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