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Extended FMLA Leave May Be Protected under ADA, Court Says

Employers need to keep in mind that if an employee uses all of her allotted leave time under the Family and Medical Leave Act, it does not necessarily follow that she has lost her entitlement toward job protection. In fact, once an employee has exhausted FMLA or employer-provided leave, the employer must assess whether the […]

How to Recognize Disengagement–and How to Reverse It

Special from the Advanced Employment Issues Symposium, Las Vegas In yesterday’s Advisor consultant Andrew Botwin offered his take on employee engagement; today, he reveals 14 signs of disengagement, plus we get an introduction to the all-comp-in-one website, Compensation.BLR.com. Signs of Disengagement Botwin, who is CEO of SPC (Strategy People Culture) Consulting Florham Park, New Jersey, […]

Where customer service is job 2

by Dan Oswald You know good customer service when you see it. That’s a statement in which I firmly believe. But it also means you know horrendous customer service when you see it. Do I have a story for you! Recently, my wife and I celebrated our 25th wedding anniversary. My gift to her was […]

Do Your Workers Practice what You Preach?

The construction company in question builds and installs water supply and sewer pipes. On July 10, 2009, while the company was performing trenching work to install water service lines at a Boston worksite, an OSHA compliance officer arrived for an inspection. The compliance officer saw an employee climb out of an unprotected trench that was […]

Minimum wage going up in 10 states

The 2013 minimum hourly wage is set to go up in 10 states. Arizona. The rate goes from $7.65 to $7.80. The state’s minimum wage is adjusted annually based on a cost-of-living formula. Colorado. The rate is going from $7.64 an hour to $7.78 based on an annual cost-of-living adjustment. Florida. The rate goes from […]

Loss of COBRA Eligibility Due to Union Lockout Deemed Labor Rights Violation

Typically, interference with an employee’s COBRA coverage rights raises legal claims under ERISA; however, employers should take heed that in some instances other federal laws are invoked. Recently, an employer was found to have violated federal labor law when it engaged in an unlawful lockout of union employees that included the cancellation of their health […]

Layoff as constructive dismissal: a cautionary tale for employers

By Ralph N. Nero and Keri L. Bennett When is a layoff not a layoff? When it is a constructive dismissal, according to an Ontario judge. McLean v. The Rawyal Limited Partnership reaffirms the principle that unless incorporated as an express or implied term of the employment contract, a layoff may be treated as constructive […]

Managers Think It’s All About the Money (Employees Disagree)

Special from the Advanced Employment Issues Symposium, Las Vegas When employees and their managers are asked about what they value at work, the answers are surprisingly different, says consultant Andrew Botwin SPHR. That disconnect will result in expensive turnover. Botwin, who is CEO of SPC (Strategy People Culture) Consulting, offered his engagement tips at BLR’s […]

Reform’s PCORI Fees Must Be Paid for Retiree-only and COBRA Plan Members

Employer sponsors of health plans must count members in retiree-only plans and COBRA-eligible plans for purposes of paying into health reform’s Patient-Centered Outcomes Research Institute. Furthermore, employees covered under two or more “specified” policies can be counted (and taxed) more than once. The IRS final rule on employer payment of PCORI fees disregarded employer requests to exclude […]