The federal agency took the unusual action of eliminating portions of the ADAAA regulations that were most troubling to employers. On March 24, 2011, the EEOC adopted the final rule implementing the ADAAA or Americans with Disabilities Act Amendments Act. However, the EEOC stepped back from designating a list of conditions that are always disabilities under ADAAA.
Under the new regulations, the EEOC still requires an expansive definition of disability in the workplace. It cautions employers that most employees will not require extensive analysis to determine if they have a disability. However, instead of providing a list of presumed disabilities, the new ADAAA regulations link certain conditions to the individual’s limitation to a major life activity.
Some conditions that are still a disability if they limit a major life activity:
On March 15, 2011 Governor Gary Herbert signed the Immigration Accountability and Enforcement Amendments Act. The ceremony took place at the state capitol in Salt Lake City.
Under the new Utah immigration law, undocumented workers would pay $2.500 for a guest worker permit that allows them to be employed in Utah. Undocumented workers could also apply for a family permit, which would allow all members of the immediate family to work in Utah.
The new law goes into effect on July 1, 2013.Implementation is complex, because currently the guest worker and his employer would still be in violation of federal immigration laws, including the federal Immigration Reform and Control Act or IRCA of 1986. That law imposes penalties on any employer (more…)
Alcoholism and drug addiction are often disabilities under ADA, the Americans with Disabilities Act. That law requires the employer to give workers time off for treatment. However, it does not require an employer to allow an employee be under the influence of illegal drugs or alcohol at work. Nor does it permit an employee to drink alcohol or use drugs at work.
In a recent case before the 7th Circuit Court of Appeals, Diane Ames worked for The Home Depot, a major home improvement retailer. After five years, Ames approached the employer and disclosed that she was an alcoholic. She requested aid from the Employee Assistance Program or EAP. Home Depot allowed Ames to take a month of paid leave for rehab.
Ames returned to work after signing an EAP agreement stating that she would not drink alcohol or be under the influence of alcohol at work. The agreement specified that the consequence for either behavior was (more…)
Similar bills are being considered by state legislatures in California, Georgia, Connecticut, Indiana, Maryland, Kentucky, Missouri, New Jersey, Nebraska, New York, New Mexico, Ohio, Texas, Pennsylvania and Vermont. Check back frequently for the latest updates on those bills.
By contrast, New Jersey is currently considering a law that would allow employers to share an employee’s or former employee’s credit history, work evaluations and other information in the personnel file with prospective employers or government agencies.
In most of these states, the limits to an employer’s use of credit checks apply to all employment decisions. However, the Florida and Michigan bills would only restrict use of credit history in hiring. An employer could still use a credit report for employment decisions regarding current employees.
The California legislature is considering several bills that would impact employers, including a minimum wage increase and extension of family leave rights. Another bill would protect employees who smoke medical marijuana.
Minimum Wage Increase
The California Assembly is considering AB 10, a bill that would increase the state minimum wage from $8.00 to $8.50 per hour. Even more importantly, the bill includes a provision to increase the minimum wage each year based on inflation.
Currently at $8.00 per hour, the California minimum wage is tied with Massachusetts for the seventh highest in the nation, after Washington, Oregon, Connecticut, Illinois, Nevada and Vermont. About a dozen states have annual cost-of-living increases to the minimum wage, including Florida, Arizona and Colorado.
Expanded Family Leave
If passed, the expanded CFRA would permit employees to take time off to care for an adult son or daughter, a mother- or father-in-law, grandparent, sister or brother, grandson or granddaughter, or a domestic partner with a serious health condition.