Arbitration continues to be popular with many employers. Two significant factors driving employers to arbitration, and away from state and federal courts, are the potential for lower defense costs and reduced risk of runaway jury awards that seem to be more common than ever before. Many lawyers think the benefits of arbitration are overstated and
Human Resources Compliance
Eighth Circuit Rules No Retaliation Even Though Hospital Employee Terminated Close in Time to FMLA Usage
By Patrick Smith on
Sometimes employers become conditioned to believing that an employee who has recently used FMLA leave is effectively immune from discipline or discharge. It is no doubt true this employee presents a heightened litigation risk, but when the adverse action is handled properly the employer can mitigate that risk or at least make the potential claim…
Accommodating Stress: What is an Employer’s Obligation when the Work Environment Triggers an Employee’s Stress Related Disorder?
By Patrick Smith on
Stress [stres] (noun): a state of mental or emotional strain or tension resulting from adverse or very demanding circumstances.
Almost all types of work is stressful at least some of the time. Some jobs are inherently stressful. So, how does an employer navigate an employee’s request for accommodation that is based upon a medical condition,…
New Jersey Court Rules Employee Fired for Using Medical Marijuana May Sue for Disability Discrimination; What Does this Mean for Iowa Employers?
Iowa employers should pay attention to a recent ruling from a New Jersey Appellate Court , Wild v. Carriage Funeral Holdings, Inc. 3/27/2019. The Wild opinion is the most recent case addressing the rights of employees who use medical marijuana. Although the Court was addressing the question under New Jersey law, an Iowa court…
Employee’s Bad Behavior May Be Legally Protected
By Patrick Smith on
Because so few employees are represented by a union (just over 6 percent of private sector employees in the U.S.) most employers don’t have to deal with the National Labor Relations Act (NLRA) on a regular basis, if ever. But, it’s important to remember that employees who are not represented by unions also…
What is the Department of Labor Trying to Accomplish with Its Recent Opinion Letter on FMLA Leave?
By Patrick Smith on
On March 14, the Department of Labor issued an opinion letter to answer the following two questions about FMLA leave: 1) may an employer delay designating leave as FMLA covered, even if the leave is for a FMLA qualifying reason, to allow the employee to exhaust paid leave first; 2) may an employer expand an…
Will the DOL’s Renewed Effort to Increase the Minimum Salary for Exempt Employees Fare Any Better than the Last Time it Tried?
By Patrick Smith on
Posted in Human Resources Compliance, Wage and Hour
In a widely publicized move, the U.S. Department of Labor on March 7 proposed an update to the Fair Labor Standards Act (FLSA) regulations governing employees who are exempt from overtime. The most significant change in the proposal is to raise the minimum salary an employee must earn to qualify as exempt from overtime. The…
Employers in Long Term Care Industry Face Enhanced Risk of Employee Harassment Claims Based upon Conduct of Patients
By Patrick Smith on
Claims of sexual harassment typically involve the behavior of fellow employees. But, an employer’s potential liability for sexual harassment also extends to conduct by a non-employee, such as a customer, client, or patient, that creates a hostile work environment.
The principle of employer liability for harassment by a non-employee third-party presents particular challenges to the…
Eighth Circuit Case Provides Guidance on How to Handle the Vexing Problem of Extended Medical Leave as a Reasonable Accommodation
By Patrick Smith on
How much extra leave is reasonable for an employee who has exhausted FMLA but is not yet capable of returning to work? Does an employer have to keep the absent employee’s job open? What medical evidence is needed? How much interactive dialogue is enough? What about an employee is who is unreasonable and/or demanding?
A recent opinion from the Eighth Circuit provides helpful guidance about these and other problems employers face when deciding whether extended medical leave is a reasonable accommodation for an employee with a serious medical condition who is not yet capable of returning to work. See Brunckhorst v. City of Oak Park Heights, (8th Cir. 2/4/2019).Continue Reading Eighth Circuit Case Provides Guidance on How to Handle the Vexing Problem of Extended Medical Leave as a Reasonable Accommodation
Does Iowa’s Medical Marijuana Law Impact an Employer’s Right to Maintain a Drug-Free Workplace?
By Patrick Smith on
This is a question about which Iowa employers are increasingly concerned. The probability your employees and applicants for employment have used marijuana in some form has substantially increased in recent years. Medical marijuana use is now legal in 34 states and the District of Columbia. Recreational use is legal in ten states. But, marijuana is still classified as a “Schedule I” drug under the Federal Controlled Substances Act, making it illegal to possess, use, or sell. The very fact that marijuana is classified as a Schedule I drug means the Food and Drug Administration has determined it has no currently accepted medical use, a lack of accepted safety for use under medical supervision, and a high potential for abuse.
Continue Reading Does Iowa’s Medical Marijuana Law Impact an Employer’s Right to Maintain a Drug-Free Workplace?