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Final regulations implementing ADAAA clarify changes in the law, but also may create confusion

March 25th, 2011

The EEOC’s long-awaited final regulations implementing the ADA Amendments Act (ADAAA) clarify the changes made by Congress when it sought to simplify the determination of who has a “disability” and make it easier for individuals to establish that they are protected by the ADA. However, according to at least one disability law expert, some of [Read more...]

Survey finds companies at odds over succession planning

March 25th, 2011

North American companies seem to be at odds when it comes to planning for management succession, according to an online survey of 1,098 senior managers and executives conducted by American Management Association/Corporate Learning Solutions. As many as one in three organizations is considered genuinely committed to succession planning, the survey found, while for another 43 [Read more...]

USERRA does not provide a cause of action for hostile work environment, noting absence of “terms or conditions” of employment in text of statute

March 24th, 2011

Becoming the first circuit court to rule on the issue, the Fifth Circuit has held that USERRA does not provide a cause of action for hostile work environment (Carder v Continental Airlines, Inc, March 22, 2011, Davis, W). Affirming the district court’s dismissal of the class action claim, the appeals court based its ruling on [Read more...]

Nearly half of working parents are burning the candle on both ends when it comes to juggling career and kids

March 24th, 2011

According to a national survey commissioned by Care.com, Inc., 62 percent of working parents revealed that they are too stressed from managing their jobs and their families to go to the gym, call a friend or have sex with their spouses. A quarter of working parents (25 percent) report that they would leave their current [Read more...]

Oral complaints protected under FLSA’s antiretaliation provisions; Supreme Court sets “fair notice” standard for employee complaints to be protected

March 23rd, 2011

Oral complaints are protected under the FLSA’s antiretaliation provisions, the U.S. Supreme Court ruled this morning in a 6-2 opinion authored by Justice Breyer (Kasten v Saint-Gobain Performance Plastics, Dkt No 09-834, March 22, 2011, Breyer, S). Resolving a conflict among the circuits, the majority found the scope of the statutory term “filed any complaint [Read more...]