If you plan to attend the California HR Conference on August 25-29th in Long Beach, I hope you will come hear me speak. My topic is the ever entertaining Getting Down & Dirty with the Interactive Process. My session is Monday afternoon (August 26th). Come and hear the best stories! I hope to see
Take-Aways from the Cornell HR in Hospitality Conference
I just returned (and yes, detoxed) from the Cornell HR in Hospitality Conference in Las Vegas.
I presented on wage-and-hour issues at the FLSA Unconference, and participated in a roundtable where attendees were able to “ask the attorney” all of their burning legal questions. I also attended a bunch of terrific sessions to gain
Workers’ Compensation, ADA/FEHA and FMLA/CFRA Oh My!
One issue that consistently trips up employers is the interplay of laws for an employee with work-related medical issues. This is sometimes referred to as the Bermuda Triangle of workers’ compensation, ADA/FEHA (disability), and FMLA/CFRA.
Quite often an employee is injured, a workers’ compensation claim is opened, and the employer somehow forgets the other two
7 Takeaways from the EEOC’s Guidance on Mental Health Conditions
A December 2016 publication from the EEOC titled “Depression, PTSD, & Other Mental Health Conditions in the Workplace: Your Legal Rights” doesn’t exactly break new ground. It does, however, highlight issues that arise repeatedly in disability discrimination cases and, therefore, bear repeating. Here are the key takeaways:
- The definition of what constitutes a
Top 10 Trends Facing California Employers in 2017
A new year brings a new top 10 list!
With a very Democratic state legislature that is well positioned to offset a very Republican White House, this Alert sets forth the top 10 trends I saw in my practice from 2016 that inform what
ADA/FEHA Interactive Process Issues – 100% Healed Policies are 100% Illegal
The year end is a time for reflection, and one theme in my practice this year has been the failure of managers (and some HR professionals) to fully understand the interactive process, and to inadvertently cause liability by imposing a 100% healed policy.
Here’s how it often works. An employee goes out for a
ADA/FEHA Interactive Process Issues – Debate Over Doctor’s Notes
I recently participated in a panel discussion about ADA/FEHA reasonable accommodation and interactive process issues for the LA County Bar Association. I presented on a panel with a plaintiff’s attorney and a disability rights expert/mediator.
Despite our differing points of view, there were many
ADA/FEHA Reasonable Accommodation Issues – Come Hear Me Speak
Reasonable accommodation issues are tough. Employees often want a lot of things that are not justified by a doctor’s note, and appropriately documenting the interactive process can be an uphill battle.
If you are in the LA area and have burning questions about how to reasonably accommodate employees under the ADA and California’s FEHA, then
Sarkisian Alleges He Was “Kicked to the Curb” by USC: Lessons In Disability Accommodation and the Interactive Process
As an alum of USC Law, I have been particularly interested in the news surrounding USC’s termination of football coach, Steve Sarkisian. In fact, several of my colleagues have already blogged about it here and here.
When the coach was fired, several clients immediately asked me: “Can USC do that?” The general sense was
Happy 25th Birthday Americans With Disabilities Act. Now Go Find a Job.
July 26, 2015 will mark 25 years since George H.W. Bush signed the Americans With Disabilities Act. Has the ADA behaved like many 25 year olds by moving to Brooklyn and refusing to compromise its creativity and individuality to find a job that it’s sure it will hate? Is it sprawled out in front of