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Too often, job descriptions remain unchanged for years, merely given a perfunctory review each time an employer needs to hire a new candidate before being quickly rubber-stamped and attached to the job posting. Job descriptions are easy to breeze by when employers conduct compliance reviews – they are not typically legally binding documents and are …
Continue reading “Let’s Start at the Very Beginning – Drafting Job Descriptions to Minimize Risk”
It all began when the Union Pacific Railroad told employee Perry Hopman, a combat veteran, on two separate occasions that he could not allow his service dog – a 125-pound Rottweiler named Atlas – to accompany him to work to help him with his PTSD. Hopman received his diagnosis after an 18-month tour of duty …
From our perspective we appear to be experiencing an uptick in the reporting of employees testing positive for controlled substances, whether how to address positive tests for cannabis in those states in which it is legal to use either medically or recreationally, or other substances. We cannot quantify this uptick, but we have seen clients …
On November 30, 2018, the United States Court of Appeals for the Sixth Circuit, in a published decision, offered guidance to employers regarding the Americans with Disabilities Act’s (“ADA”) “interactive process” and what conduct may render the employer liable under the ADA. In Brumley v. United Parcel Service, Inc., 909 F.3d 834 (6th Cir. 2018), …
A recent decision from the U.S. Court of Appeals for the Sixth Circuit provides a strong lesson in the need for employers to fully explore an employee’s request for a reasonable accommodation and to when necessary be flexible in applying certain workplace policies. In the matter of EEOC v. Dolgencorp, LLD dba Dollar General Corp., …
Every business is different and has different workplace issues and concerns that need to be addressed by the employee handbook. Because each workplace is so different, employee handbooks should be specifically tailored to address specific workplace concerns and issues, and also take into account federal, state, and local laws that govern that particular workplace. Application …
Continue reading “Why Employers Should Avoid One-Size-Fits-All Handbooks”