Roundup: ADA accommodation; Salary thresholds for OT; Employee engagement; Paid travel time; Background checks

Leave is often an easy and practical way to accommodate some disabilities. But the ADA also requires that the employee be "otherwise qualified" to do the work. When it's clear that an employee is never coming back because of their disability, there is no accommodation that can be made. The employer is not required to hold a job open indefinitely.

State laws will continue to be in effect and enforced by state agencies and courts. And some states and even counties and cities have higher salary thresholds for workers in those areas, which will also be effective. So check your state laws and make sure you will be in compliance on January 1.

The biggest problem with employee engagement is that it's all hat and no cattle. Trying to measure employee happiness, satisfaction, and other sentiment about their jobs only works when employees feel comfortable enough to tell you what they really think. Otherwise, what you will get is exactly what you want to hear. It's the power difference. People deal with the people who have power over them very carefully—because they have to.

The general rule on commute or travel time is that the time employees spend going to and from work is not paid work time. But there are lots of exceptions that depend on what state you're in, what industry, and which laws apply.

It's hard to know what is going to happen with federal employment laws next year. It's pretty clear some will be ignored, civil rights agencies will likely be defunded, and enforcement efforts will halt or focus on other areas like "reverse discrimination." We won't know until it starts to happen. I know this is not particularly helpful; I'm speculating as best I can.