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Assigning Bathrooms – Reasonable Accommodation?

Posted on May 11, 2016 by

There has been a great deal of media coverage regarding how to accommodate a transgender employees’ use of bathrooms.  Logic suggests that maintaining private bathrooms that would be available to any employee would be the most reasonable way to address this situation in the workplace.  A 2015 decision in a case brought by the Equal […]

NLRB Judge Trumps Casino’s Employee Handbook E-Mail Policy

Posted on May 9, 2016 by

Last week, an administrative law judge for the National Labor Relations Board concluded that Rio All-Suites Hotel and Casino’s (“Rio”) employee handbook policy addressing “Use of Company Systems, Equipment, and Resources,” violated the National Labor Relations Act.   The case is Ceasars Entertainment Corporation, No. 28-CA-060841.   In Ceasars, the Board ALJ was called upon to review […]

IRS Announces HSA Cost of Living Adjustments for 2017

Posted on May 2, 2016 by

Late last week the IRS announced its adjustments to the health savings account limits for 2017.  These limits are adjusted annually by the IRS for “cost of living.”  Since the IRS rules for cost of living adjustments provide that adjustments are only made in $50 increments, and even then only if rounding to the nearest […]

2017 Health Savings Account Cost of Living Adjustments

Posted on May 2, 2016 by

The Internal Revenue Service on April 29th announced the cost-of-living adjustments for the HSA contribution limits and for High Deductible Health Plan (HDHP) deductibles and out-of-pocket maximums for 2017.   HSA/HDHP Requirement Cost-of-Living Adjustments Limit on HSA Contributions – Self-only HDHP 2016 – $3,350 2017 – $3,400 Limit on HSA Contributions – Family HDHP 2016 […]

Repeated Inadvertent Errors Do Not Constitute “Substantial Fault” For Unemployment Insurance (Or For Worker’s Compensation)

Posted on April 25, 2016 by

“Substantial fault” is a new concept that may determine whether a terminated employee is eligible for unemployment insurance benefits.  In 2013 the Wisconsin Legislature amended the unemployment insurance eligibility statute to create “substantial fault” as a basis to deny benefits; the new law took effect on January 5, 2014.  On April 14, 2016, the Wisconsin […]

Is Obesity a Disabling Condition?

Posted on April 14, 2016 by

A recent decision from the 8th Circuit Court of Appeals addressed whether obesity automatically qualifies as a disability under the Americans with Disabilities Act.  In a decision filed by an applicant for employment who was ultimately denied employment because of his severe weight and body mass index, the Court of Appeals held that obesity (in […]

NLRB Blogs

Posted on April 13, 2016 by

I have written a number of blogs regarding the position of the National Labor Relations Board relating to protected speech for employees.  The NLRB and its General Counsel have been very aggressive in concluding that the conduct of employees should be considered protected free speech and an employee may not be terminated for such conduct.  […]

What Does ADA Accessible Mean?

Posted on April 4, 2016 by

In a recent blog, I wrote about the potential of litigation requiring a business to make its website ADA accessible.  I noted that it is still not clear what a business may be required to do under this legal argument.  A recent court decision in California has not clarified what a business may be required […]

Do Your Supervisors Actually Make Decisions?

Posted on March 31, 2016 by

A recent decision of the Fourth Circuit Court of Appeals puts a spotlight on that question:  Do your supervisors exercise discretion when supervising others?  This question is important because the recent Court of Appeals decision held that several employees who were identified as supervisors actually did not exercise sufficient discretion to meet the definition of […]

Is Your Website Discriminatory?

Posted on March 22, 2016 by

Yes, there have now been a number of lawsuits filed over whether or not a company’s website is accessible under the Americans With Disabilities Act.  In many of these cases, the Department of Justice has joined in the lawsuit seeking to enforce Title III of the Americans With Disabilities Act.  Companies are now considering whether […]