Hatchetman
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[font size="1" color="#FF0000"]LAST EDITED ON 10-29-01 AT 01:17PM (CST)[/font][p]How does your labor contract characterize the payment -- part of the base or as a supplement or bonus? That may be more telling than just saying "it's accustomed." An…
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An exempt employee must be paid his or her regular salary for the week in any week in which his or she works at least part of the week. No deduction from salary may be made unless the exempt employee is absent for a full day under a sick leave poli…
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[font size="1" color="#FF0000"]LAST EDITED ON 09-11-01 AT 02:46PM (CST)[/font][p]I will assume for the purposes of this post that either you have established that she is disabled under ADA or you regard her as disabled (even though she may not be) o…
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Notwithstanding a federal appellate court ruling that held that being a risk to oneself is not a basis for terminating an employee, under ADA, "threat" considerations must be "real" and the threat or risk must be significant, based upon specific inf…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-17-01 AT 12:22PM (CST)[/font][p]FLSA does permit that an exempt employee may be "docked" a full day's pay for each full day of absence due to personal reasons, without loss of exempt status. Thus, th…
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[font size="1" color="#FF0000"]LAST EDITED ON 05-23-01 AT 07:06PM (CST)[/font][p]Is your plan, if you create a second shift, to change all nurses (both shifts) to "non-exempts?" I assume, from your post, that you have determined that the daytime nur…
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[url]http://labor.state.nv.us/[/url]
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[font size="1" color="#FF0000"]LAST EDITED ON 07-01-03 AT 01:54PM (CST)[/font][p]EEOC recognizes that other federal laws (other than ADA) have to be complied with, including DOT regulations. I don't see where compliance with DOT requirements for co…
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Remeber, ADA does not identify that any speciifc medicala condition autmatically constitutes a disability. That's where the individual assessment comes in determing whether the indivdual has a longterm or permanent medical condition that substantia…
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[font size="1" color="#FF0000"]LAST EDITED ON 07-23-03 AT 09:19PM (CST)[/font][p]Deerom, I saw your post on SHRM's BB and responded to it. Your post here adds a new wrinkle that I'd like to address In reading your SHRM post, I had the impressio…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-04-03 AT 06:01PM (CST)[/font][p]At one point that was EEOC's policy. If you asked that quesiton of one candidate, you then had to ask it of all. But, in the mid-90's it changed position and permitte…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-04-03 AT 04:03PM (CST)[/font][p]If it's during the interview, and you're the interviewer, what about or saying, "please describe how you would preform the essential duties of the job"? Or if it makes …
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[font size="1" color="#FF0000"]LAST EDITED ON 08-21-03 AT 09:46AM (CST)[/font][p]Think about what is actually the essential function or duty here? Is it to drive a car or to make the sales, including at customers' homes? Driving is just one way to…
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[font size="1" color="#FF0000"]LAST EDITED ON 08-26-03 AT 09:42AM (CST)[/font][p]Document his performance problems. Bring them to his attention. Get explanations for why they are occurring. You can have him undergo a medical examination, at y…
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Actually, ADA doesn't address alcoholism as a condition in the same way that it addresses drug addiction. Alcholism has been held in court cases to be a disability. But it has to be medically disagnosed as a condition, meeting the same criteria an…
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Karla, I'm not an "expert" in this particular facet either. However, as a start, take a look at the EEOC reguations regarding selection and testing, inclduing validations at [url]http://www.access.gpo.gov/nara/cfr/waisidx_02/29cfr1607_02.html[/ur…
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You've got a bona fied occupational qualification issue here in the first place? What evidence is thtere that taking this test and then scoring 80% is any indication that only those individuals are most likely to perform the duties successfully on…
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[font size="1" color="#FF0000"]LAST EDITED ON 09-04-03 AT 09:13AM (CST)[/font][p]Under federal ADA, being overweight is not a disability (unless it is symptomatic of another medical condition that would qualify as a disability) but being morbidly ov…
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I agree that working overtime isn't categorically an essential function or an essential demand of the job. There are many factors that determine whether a function or demand is really essential or not. The company's practice is one factor. Other…
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"Working" as a major life activity means more than just working one job. As established by EEOC, "working" as a major life activity, means a category of jobs or a broad range of jobs that cuts across several categories of jobs. YOu would only need…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-14-03 AT 09:19AM (CST)[/font][p]In both cases, it may be necessary at one point or other after their FMLA expires to evaluate ADA disability. Additional leave may be a reasonable accommodation but …
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[font size="1" color="#FF0000"]LAST EDITED ON 10-16-03 AT 04:28PM (CST)[/font][p]Yes, you should go through the interactive process to establish if he qualifies as disabled under ADA, unless you would accommodate him anyway. The term "degenerative"…
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[font size="1" color="#FF0000"]LAST EDITED ON 10-18-03 AT 01:45AM (CST)[/font][p]Regarding whether he is disabled, his being "restricted" to light work doesn't make him disabled under ADA. When it comes to work as a major life activity, the indvidu…
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Since the employee has disclosed a medical condition in which she takes medication, you may, under ADA, ask about it if there is a reasonable connection between her performance and the medical condition. What is she saying about the reasons for h…
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What you need from the doctor is a statment not only describing the medical condition but how it affects a major life activity in comparison to the average emplyee and given the essential duties of her job, how it affects her ability to perform thos…
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Regarding the question about changing now after all this time, especially when there was no documentation of a disability nor any effort along a formal determination of reasonable accommodation...yes. It cold be argued that after a year, her job is…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-05-03 AT 06:03PM (CST)[/font][p]It's irrelevant now whether she identified a toileting problem or not at the time of the interview. The company knows now that she is disabled and needs some form of r…
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[font size="1" color="#FF0000"]LAST EDITED ON 11-05-03 AT 00:23AM (CST)[/font][p]Personal attendants are not considered reasonable accommodations under Title I of ADA. Thus, there is no obligation on the part of the individual to inform the employer…
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Since you mention ADA, I will assume that you've determine that absent his hearing aid, the idividual is signficantly impaired in hearing and would otherwise be considered ADA-disabled. I agree with the others. The basic issue hear is whether or n…
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Since she's still an employee of yours, I assume she has been on medicla leave all this time. If you need to bring her back, you should evaluate whether she is disabled under ADA and whether what reasonable accommodaitons would allow her to perform…