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Employer Fears Lead to Discrimination Against Disabled Workers, Agency Charges

Employers need more guidance on their responsibilities under the ADA Amendments Act, according to the National Council on Disability, an independent federal agency. “NCD’s stakeholders consistently list discrimination as one of the primary barriers keeping them out of the workforce,” according to a progress report released by the NCD in October. Because of employers’ fears […]

Employers Warned of New Misclassification Dangers (video)

The U.S. Department of Labor (DOL) is focusing “an enormous amount of attention” on misclassifying workers as exempt, non-exempt, and independent contractors and is throwing significant resources at the problem, according to attorney Susan G. Fentin, who spoke at the recent Advanced Employment Issues Symposium in Nashville, Tennessee. Plus, the DOL and the IRS are […]

Avoid Peter Principle Promotions with Star Profile

Janove created the "Star Profile" to provide a basis for mutual understanding between direct reports and their supervisors. One of its benefits, outlined in Janove’s book, The Star Profile, is that it helps management avoid dreaded "Peter Principle" promotions. Peter Principle Promotions Dr. Laurence J. Peter and Raymond Hull‘s 1968 book, The Peter Principle, theorized […]

Sports Agency and Former Employee Take (non) Competition into Courtroom

By Kyla Stott-Jess Hollywood’s portrayal of sports agencies presents a world that is dramatic and cut-throat, with ambitious sports agents competing for the chance to represent talented athletes. A recent court decision in Alberta brought this competitive business into the courtroom when a sports agency squared off against a former employee. It also provides several […]

Aggressive NLRB Has Surprises for HR

Special from BLR’s Advanced Employment Issues Symposium Unions are desperate, says attorney Kevin McCormick, because their numbers are down and many of the things they once promised workers (like safer workplaces) are now mandated by government agencies. The result? They’re getting aggressive in new ways. As an example of new union tactics, McCormick points to […]

Attorney Blasts DOL’s ‘Gotcha Approach’ to Workplace Enforcement

The U.S. Department of Labor’s (DOL) Wage and Hour Division’s (WHD) recent enforcement efforts represent a flawed approach that assumes incorrectly that employers are deliberately violating the law, according to David Fortney, cofounder of Fortney & Scott, LLC, in Washington, D.C., who testified before a U. S. House of Representatives subcommittee November 3. Fortney, editor […]

How to Avoid Perilous FMLA Mistakes (video)

Documentation is critical to warding off trouble when dealing with Family and Medical Leave Act (FMLA) requests, according to employment law attorney Stacie L. Caraway, who led a session on FMLA at the October Advanced Employment Issues Symposium (AEIS) in Nashville, Tennessee. Caraway names two critical points. First, don’t let doctors leave blanks or write […]

No Doom, No Gloom

Litigation Value: Sabre had better continue socking money away for a settlement with several female employees for their sexual harassment claims against Gabe. First poor Erin, and now “Warehouse Val” has to put up with Gabe’s creepy courtship. Robert may want to ship Gabe back to Tampa before he does any real damage. And Andy’s […]

Health Insurance—What Are Best Employers Doing to Control Costs

For years, BLR has surveyed HR and benefits professionals to find trends in benefits. We appreciate your participation in our monthly series of brief, targeted benefits surveys. Today’s survey topic: Health Insurance. (We’ll publish the results in a future issue.) Please participate in this brief survey and we’ll determine what employers are doing with this […]

Importance of Documentation in Employment Disputes

by Gary S. Fealk Discipline and termination are issues for virtually all employers. However, many employers make employment decisions with incomplete knowledge of the events leading to the discipline or termination. Having a system for investigating and documenting workplace incidents helps employers make decisions with better knowledge of the facts. Proper documentation also reduces the […]