The American Law Institute recently approved a change to recommended interpretations of tort law to include employer liability for sexual assaults. Its recommendations are widely used by judges when deciding whether an employer broke the law.

You mentioned that some employers with workers covered under both the FMLA and the PWFA may need to have their leave tracked under both laws. How exactly do we do that? Is the PWFA leave equal to the 12 weeks/480 hours of FMLA leave?

Questions regarding overtime and holiday pay commonly arise this time of year, especially if employees are trying to pack in the overtime because they can deduct it. If you stick to these nine key rules, the holiday season will run smoothly for you and your employees.

The Equal Employment Opportunity Commission has sued Fat & Broke over allegations that it blatantly discriminated against older workers. The allegations include firing and refusing to hire older workers using the excuse that they could not find truck liability insurance covering drivers over age 65.

Typically, the end of one year, or the beginning of a new one, is when HR departments take the time to update their company handbooks. No matter when your HR team conducts this task, your handbook should include these sections.

• Employer do’s and don’ts. Which accommodations are required under the ADA, FMLA, PWFA and PUMP Act.
• Supreme Court actions. It’s almost impossible to turn down a religious-accommodation request without objective, concrete evidence that making the accommodation will impact your bottom line.
• Religious accommodations. You don’t have to honor them all. The trick is to know what doesn’t constitute a sincerely held religious belief.
• Failed accommodations. What to do when accommodations aren’t working and you’ve tried all reasonable options.
• FMLA vs. ADA. Know the difference between FMLA leave for health issues and reasonable accommodations under the ADA.
• Essential job functions. See exactly what your job descriptions must say about “essential” and non-essential functions.
• Step-by-step interactive process. Find out exactly what you must do (and document) when an employee requests an accommodation.
• Accommodation resources. Discover resources for finding the best possible accommodation for your organization. (Tip: It doesn’t always have to be the one the employee prefers — with one crucial exception.)

The U.S. Citizenship and Immigration Services announced updated guidance regarding the new $100,000 fee for employers who want to sponsor workers under the H-1B visa program.

Chair Bill Cassidy noted that it has been almost a century since the passage of major labor laws like the Fair Labor Standards Act and the National Labor Relations Act, and since then, much has changed in the workplace.

• Ensure your HR philosophy, policies and practices support the company’s mission, vision, values and business objectives.
• Understand the point of view of all stakeholders and work together toward organizational alignment.
• Forge strong relationships with managers to identify skills and competency gaps.
• Identify technology and practices to streamline HR to meet company needs.
• Eliminate functions, practices and procedures that have become obsolete.

If an employee is on FMLA leave and receives reasonable accommodations, then undergoes another separate procedure before that 12 weeks ends, what are the employer’s obligations to hold that position or provide more accommodations?