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ADA Amendments Act of 2008

by The Human Equation, Inc. on 12/28/2008

Our company, which is subject to the Americans with Disabilities Act, is in the process of adjusting our internal policies and procedures to comply with the ADA Amendments Act of 2008 (ADAAA). More...

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Categories: 2008

FMLA - Employer's Designation of Leave Notice

by The Human Equation, Inc. on 11/30/2008

I recently received an employee's request for leave under the Family and Medical Leave Act. Am I required to give the employee notice of the company's position regarding the leave request? More...

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Categories: 2008

Driving a Major Life Activity Under the ADA?

by The Human Equation, Inc. on 11/20/2008

One of my employees was recently diagnosed with a form of epilepsy that makes it unsafe for him to drive his delivery truck. Does this employee’s inability to drive due to his epilepsy entitle him to protection under the Americans with Disabilities Act? More...

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ADA - Unreasonable Accommodation

by The Human Equation, Inc. on 11/13/2008

One of my employees has asked that an accommodation be made for the employee's legally recognized disability. More...

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Supporting Documentation Under the FMLA

by The Human Equation, Inc. on 11/6/2008

Can I request supporting documentation from an employee seeking time off to care for a spouse suffering from a serious health condition? More...

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Expiration of FMLA Leave

by The Human Equation, Inc. on 10/13/2008

After her spouse decided to return to work following the birth of their child, one of my employees requested 12 weeks of leave under the Family and Medical Leave Act (FMLA) to care for her healthy 13-month old daughter. Is my employee entitled to FMLA leave under these circumstances? More...

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Employee Polygraph Protection Act

by The Human Equation, Inc. on 10/13/2008

As a result of an ongoing investigation into inventory theft, my organization has identified one employee as the sole suspect. Does the Employee Polygraph Protection Act have an exemption that allows me to give this employee a voice stress analyzer test? More...

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FMLA Provisions in Employee Handbooks

by The Human Equation, Inc. on 10/9/2008

Due to the slowing economy, our company has been forced to downsize its workforce in the past two years, and, as a result, we are no longer large enough for our existing employees to qualify for coverage by the Family and Medical Leave Act (FMLA). Should we delete any references to the FMLA from our employee handbook? More...

Importance of Employee Performance Appraisals

by The Human Equation, Inc. on 9/18/2008

Some of my mid-level supervisors have a habit of hastily and inattentively preparing performance appraisals for employees they supervise. Might their carelessness eventually prove harmful if an employee terminated for cause files a discrimination lawsuit against my company? More...

Salary Deductions May Jeopardize Exempt Status Under FLSA

by The Human Equation, Inc. on 9/11/2008

Pursuant to the Fair Labor Standards Act's executive exemption, our salaried store managers are not eligible for overtime compensation. More...

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Categories: 2008

FLSA - Outside Sales Exemption

by The Human Equation, Inc. on 9/4/2008

Our outside sales employees travel to prospects' places of business for the purpose of making sales. They are paid strictly on a commission basis and do not receive a fixed salary. Are these employees exempt from the Fair Labor Standards Act's overtime pay requirements? More...

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Religious Reasonable Accommodation

by The Human Equation, Inc. on 7/31/2008

One of my employees asked for time off to attend Samhain Sabbat, an important Wiccan festival. Given that the employee's beliefs are sincerely held, does Title VII of the Civil Rights Act require me to make a reasonable accommodation for a so-called non-traditional religion such as this? More...

Notice of Work-Related Fatality

by The Human Equation, Inc. on 7/18/2008

Do employers have seven days to notify the Occupational Safety and Health Administration of a work-related incident that has resulted in the death of an employee? More...

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Categories: 2008, Safety

Reasonable Accommodation for Probationary Employees?

by The Human Equation, Inc. on 6/27/2008

Does the Americans with Disabilities Act (ADA) require me to provide a reasonable accommodation for a probationary employee who qualifies as an individual with a disability? More...

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Association Discrimination under the ADA

by The Human Equation, Inc. on 6/16/2008

One of my employees has requested a modified work schedule to care for his wife, who was rendered paraplegic by an automobile accident. Am I required to provide such an accommodation under the "association discrimination" provision of the Americans with Disabilities Act?  More...

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Diabetes Under the ADA

by The Human Equation, Inc. on 5/30/2008

One of my employees has recently been diagnosed with diabetes. Does this employee automatically become entitled to protection under the Americans with Disabilities Act as a result? More...

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Interracial Marriage Discrimination

by The Human Equation, Inc. on 5/22/2008

One of my employees, a white man, has been harassed and threatened with termination by his supervisor because he is married to an African-American woman. More...

Evidence of Discrimination

by The Human Equation, Inc. on 5/22/2008

When terminating an employee, I try to prevent a negative or humiliating confrontation by giving a neutral reason for the termination rather than stating outright that the actual cause is the employee's poor performance. More...

Swapping Shifts to Accommodate Religion

by The Human Equation, Inc. on 4/3/2008

Some of my employees have voluntarily "swapped" shifts with their coworkers because of religious commitments. More...

Family & Medical Leave Act - Armed Forces

by The Human Equation, Inc. on 3/23/2008

In light of recent military-related amendments to the Family and Medical Leave Act (FMLA), should I update the FMLA notice currently posted in my employees' break room? More...

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Categories: 2008

The Human Equation's newsletters and publications are intended as an information source for the clients and friends of the firm. Their content should not be construed as legal advice, and readers should not act upon the information in these publications without professional guidance. Please note that newsletters and publications that are archived by The Human Equation are not updated after initial publication and may not contain the most current information available.

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