The Eleventh Circuit affirmed a lower court’s ruling that an employer cannot exclude gender-affirming coverage for a transgender plan participant under its employee health insurance plan. But the full court then decided to rehear the matter. Transgender employee comes out at work Anna Lange is a transgender woman who has worked at a sheriff’s office […]
With respect to FMLA leave, sometimes a question comes up as to whether leave was properly requested. That’s where the duck test can come in. If it walks like a duck, quacks like a duck and looks like a duck, it’s a duck. In Blake v. City of Montgomery, a firefighter-paramedic argued he didn’t resign. He […]
A jury ruled in favor of a claustrophobic employee who said his employer unlawfully neglected to reasonably accommodate his condition when it put him in an office with no window. Robert Turco was a senior project manager for Zambelli Fireworks, which is a fireworks company in Pennsylvania. He has claustrophobia. Initially he worked in an […]
Getting hurt shouldn’t cost you your job. A federal district court in Oregon has ruled that the U.S. Postal Service should pay more than $141,000 to a probationary employee who was terminated shortly after she reported a workplace injury. The court ruled that the Postal Service violated an OSHA provision that bans employers from retaliating […]
Picture this: You’ve gone through the interview process and finally found the perfect candidate for a safety-sensitive position – or so you thought. But then his pre-employment drug test revealed the use of opioids. What’s your best move? If you’re like many HR pros, you might’ve decided to rescind the job offer. That’s what an […]
As you well know, the Family and Medical Leave Act (FMLA) is a constant challenge for HR, requiring you to balance compliance obligations with the needs of both the company and employees who take leave. One of the most common issues is scorned employees crying “FMLA protection.” The question is, when can the argument stick? The […]
As we predicted here a short time ago, newly released EEOC guidance on workplace harassment is facing a courtroom challenge that says some parts of the guidance are not valid. Led by Tennessee, 18 states have sued the EEOC, calling the guidance “an attack on our constitutional separation of powers” and an “end-run around our […]
Pop quiz: Do you know what to do with incomplete or unclear Family and Medical Leave Act (FMLA) certifications? Most HR pros agree that FMLA certifications are one of the biggest challenges of the job. Here’s a quick refresher on how to handle them. You have several options when you receive certification paperwork you feel […]
An employee who was denied workers’ compensation benefits after being shot by a co-worker can proceed with a tort claim against his employer, a state appeals court in Florida has ruled. This case involves Giovanni Bastien, who worked at a Pepsi packaging and distribution facility in Medley, Florida. Bastien was shot by a co-worker who […]
A national home health agency failed to provide adequate safeguards to protect a licensed practical nurse who was killed by a patient during a home visit, an OSHA investigation determined. OSHA cited the company for one willful violation under its general duty clause and one other-than-serious violation for not providing work-related injury and illness records […]
As an HR pro, you know what NOT to ask during job interviews. But how confident are you in your hiring managers? Have they been given guidelines on how to avoid asking illegal interview questions? And have they also received training on the most effective interview questions? Skipping such training can be an expensive mistake, […]
OSHA has proposed that a Wisconsin baking facility operator pay nearly $263,000 in penalties following its investigation into an injury suffered by an employee at the plant. The investigation marked the second time since 2019 that the federal safety watchdog agency opened an investigation into potential safety-related issues at Minnesota-based Pan-O-Gold Baking Company’s Wisconsin facility. […]
Revisions to workers’ comp laws could take effect this year and next, promising a more equitable and responsive system for injured employees. These reforms prioritize swift access to medical care and fair compensation for injuries. The forthcoming changes also address emerging issues such as mental health support. By mandating comprehensive coverage for psychological injuries and […]
This case shows just how tricky things can get when the ADA and FMLA overlap. Here, an employee exhausted her FMLA leave and then sought an accommodation: remote work. When the company — a law firm — denied her request to work from home, the employee didn’t return to the office. Instead, she sued, alleging […]
A workers’ comp ruling from Ohio’s highest court reverses decades of precedent and shortens the period during which total temporary disability (TTD) benefits must be paid. This case involves Loretta Dillon, who suffered a work-related back injury near the start of April of 2019. The court’s decision described the injury as “strain muscle, fascia, tendon […]
An OSHA investigation determined a worker died on the job because a Tampa-area construction contractor failed to ensure ground conditions were adequate to support a crane. Here’s what happened. Workplace accident in highway construction zone In October 2023, two Florida construction contractors – Adcock Cranes and Concrete Impressions – were working on a highway ramp […]
