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Most employers are all too aware of the danger of discrimination lawsuits, but there are many other legal threats in the HR arena. In today’s Advisor, attorney Allison West SPHR briefs employers on defamation, negligence, and fraud lawsuits . West, principal of Employment Practices Specialists in Pacifica, CA, offered her tips at SHRM’s Employment Law […]
Final rules that will govern the state-based insurance exchanges created by health reform include more detailed privacy and security requirements for the exchanges themselves and participating insurers. These restrictions also will apply indirectly to agents, brokers and others involved in this process. In the rules, published March 27 (77 Fed. Reg. 18310), the U.S. Department […]
Litigation Value: California and his cohorts swimming nude in front of employees = far too much to calculate; Andy trying to get his “monog” on = one trip to the hospital for an oxygen-deprived Dwight; and Kevin getting to create a party without the party planning committee’s input = priceless. This was certainly not our […]
by Susan M. Webman, Fortney & Scott, LLC For a number of years, the issue of whether the Uniformed Services Employment and Reemployment Rights Act (USERRA) created a claim for hostile work environment based on membership in the uniformed services, a right not definitively named in the Act, has been raised in the trial courts. […]
A worker with bipolar disorder was awarded more than $56,000 after a federal district court found that his employer fired him because of his disability, in violation of the Americans With Disabilities Act (ADA). The case is one of the first bipolar disorder suits the U.S. Equal Employment Opportunity Commission (EEOC) has brought to trial. […]
Getting good results from an employee wellness program requires a continuing organizational commitment and understanding of what motivates individual employees, wellness expert Brad Cooper told a recent Thompson Interactive webinar. He warned of some common wellness program pitfalls. One is a “check-the box” approach — such as setting up a biometric screening and distributing a […]
Federal offices have to follow federal travel guidelines, and federal rates form the basis of tax treatment of private sector business travel reimbursements as well. But what happens when the federal government agency that develops travel policy goes astray from its own guidelines? The report by GSA Inspector General (IG) Brian D. Miller said that […]
An exempt employee must actually be paid in order to retain that exempt status, the 6th U.S. Circuit Court of Appeals recently held. The case, Orton v. Johnny’s Lunch Franchise, involved a salaried employee who sued his employer for wages and overtime when, after beginning to experience cash flow problems, the employer stopped paying his […]
FMLA certification can be tricky to administer. On one hand, it’s a fairly straightforward way to ensure that the employee is truly eligible to take FMLA leave. On the other hand, what are you to do when the employee repeatedly forgets to give you the certification form from his doctor, or fails to return it […]