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Dec

05

2018
  • Posted by: Kalani Morse
  • News

Adding More to HR's Accommodation Request Burdens:

New York City's Human Rights Law now require most employers to have and document “cooperative dialogues” with employees asking for accommodations due to religious belief, disability, pregnancy, childbirth, domestic violence, sexual violence or stalking.

As of October 15, 2018, employers must “engage in good faith in written or oral dialogue” to discuss an employee’s accommodation requests. The employer must explain any difficulties the request will pose for the employer and suggest potential alternatives. These “good faith” verbal or written discussions must continue until either the request for an accommodation can be granted or denied.

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Dec

02

2018
  • Posted by: Kalani Morse
  • News

Another wave of court decisions that erode the enforcement of employment arbitration agreements:

In a unanimous September 27, 2018 decision, the Supreme Court upheld a Kentucky statute prohibiting employers from requiring employees to sign arbitration agreements if the want to work.

The decision appears to conflict with recent U.S. Supreme Court precedent upholding broad preemption of the Federal Arbitration Act. A similar ruling was issued in Hawai`i a few years ago and remains unclear.

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Nov

15

2018
  • Posted by: Kalani Morse
  • News

OSHA Green Lights Post-Accident Drug Testing Again:

In 2016, the Occupational Safety and Health Administration issued a rule prohibiting employers from "retaliating" against employees for reporting work injuries by requiring drug tests. Many employers stopped requiring post-accident testing where there were no other indicators of drug use aside from the accident itself.

OSHA just published a memorandum clarifying that employers may require post-accident testing if they can show that workplace safety and health is the goal. Consistently enforcing legitimate work rules (whether injuries are reported or not ) demonstrates commitment to creating a culture of safety.

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Nov

09

2018
  • Posted by: Kalani Morse
  • News

EEOC Now Offers Sex Harassment Training:

The EEOC has announced it is sponsoring sex harassment prevention trainings: a three hour workforce and a four hour supervisor modules.

The classes are offered and led by the EEOC's outreach and education arm. The EEOC's training modules are based on three components that need to be addressed to stop workplace harassment:

 
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