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It may seem paradoxical that the U.S. Department of Labor (DOL) should begin auditing health plans for compliance with the health reform law’s mandates, given that the U.S. Supreme Court could very well strike down the Affordable Care Act (ACA) for being unconstitutional in early summer. But it’s better that plans be ready to demonstrate […]
The National Labor Relations Board (NLRB) has announced it is postponing the National Labor Relations Act (NLRA) employee rights posting rule until the legal issues are resolved in court.
Yesterday, we looked at Dan Oswald’s thoughts on control vs. collaboration. Today, more wisdom from Oswald. He suggests that managers shouldn’t try to have all the answers; the real key to great management is asking the right questions.
The Obama Administration has initiatives in worklife balance including flexible work arrangements (FWAs), says attorney David Fortney, but those making the proposals are often not cognizant of the true effect of their mandates. Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and is editor of the Federal Employment Law […]
When we think of the term “bygone era,” one thing that commonly comes to mind is the space program. And perhaps another is employment perks. Not that either is gone, by any means. But times seem to be changing for both during an era of economic contraction, so perhaps it is no coincidence that the […]
A heart surgery group practice agreed to pay $100,000 to settle federal allegations that it chronically neglected standard HIPAA requirements such as risk assessment, training and business associate contracts, the U.S. Department of Health and Human Services (HHS) announced April 17. This settlement, coming hard on the heels of HHS’ $1.5 million agreement with BlueCross […]
The pharmaceutical industry made its case to the U.S. Supreme Court April 16 that pharmaceutical sales representatives (PSRs) are “outside salesmen” under the Fair Labor Standards Act and thus are exempt from the FLSA’s overtime requirements. A lot is at stake in the Court’s upcoming decision, since requiring overtime pay for PSRs could impose billions […]
West, principal of Employment Practices Specialists in Pacifica, CA, offered her tips at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. Here are West’s tips for avoiding hiring lawsuits: Use application forms Ask about felony convictions READ the completed application Look for and ask about gaps in employment, missing information Check references […]
The U.S. Equal Employment Opportunity Commission is suing a Killeen, Texas branch of the fast food franchise Wendy’s for turning down a job applicant because he is hearing-impaired. The EEOC charges in its suit that the restaurant’s general manager refused to hire Michael Harrison, Jr. for a cooker position, despite his qualifications and experience, upon learning that […]
Last week, the California Supreme Court issued an opinion in a closely watched case dealing with meal and rest breaks for employees. Brinker Restaurant Corp. v. Superior Court clarified meal and rest break practices for employers in California; however, the case is generating interest in other parts of the country as well because of the […]