How To Prevent Family Leave Abuses in California
You have an employee on intermittent FMLA/CFRA leave — and you suspect that he’s abusing it.
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FRD—Not Law, but Courts and EEOC Think It Is
In yesterday’s Advisor, we featured attorney Joseph L. Beachboard’s take on association discrimination; today, the third prong, Family Responsibility Discrimination (FRD), plus his tips for reducing liability and an introduction to a unique checklist-based audit system. What Family Responsibilities Discrimination Is Not … Family discrimination is not a new protected category, says Beachboard, who is […]
Did You Know COBRA Notices Make Good Wedding Gifts?
COBRA Administrators: No need to order gifts off a wedding registry for soon-to-be-married employees — just print out and present to the couple a copy of the general/initial notice for COBRA continuation coverage, according to COBRA expert Paul M. Hamburger, Esq. Well, before you take this too seriously, some context is necessary. Hamburger, contributing editor […]
Tip Three: You Can Send it Back
—Send the certificate back if the doctor doesn‘t provide enough information. Whether it’s incomplete, insufficient, or illegible, send it back. Go to Tip Four
When in Doubt, Fire Your Staff
by Mark I. Schickman Across America, California employment laws are considered very liberal, too far left. But, in England, the employment law of every American state is viewed as only a cut above indentured servitude. Their legal establishment is disdainful of America’s “regressive” employment laws, and many tribunals will simply refuse to enforce our “barbaric” […]
Whistleblowing compliance officer: Trouble from within
Your company’s compliance officer — the person to whom you entrusted your confidential business information — alleges you wrongfully terminated her after she tried to prevent you from violating a federal law. This 8th Circuit opinion rules against the whistleblower in a case that is a fine example of internal breakdown handling a compliance complaint, and sparks […]
Behavioral Interview Questions and Answers: Getting the Most Info From Applicants
Tell me about yourself. What are your strengths? How about your weaknesses? Maybe those questions sound familiar. Maybe you hear the same phrases come out of your own mouth every time you conduct a job interview. And maybe you’re missing something.
Managing the FMLA/CFRA Nightmare
Ask most HR managers what their biggest hassle is, and about 90 percent say “FMLA.” From eligibility to notifications to managing intermittent leave, it’s an ever-present problem. Additionally, the family leave laws are also widely abused. However, the good news is that abuse can be tamed to some extent, says attorney Nancy M. Cooper. Cooper, […]
Association Discrimination—Part Law, Part Courts, Part EEOC
Association Discrimination is hitting the front burner of employment law, says attorney Joseph L. Beachboard. This new type of discrimination comes partly from laws, partly from court decisions, and partly from EEOC—and every employer needs to add it to the list of discrimination types they train about. Beachboard, who is a shareholder in the Los […]
Tip Two: Don’t Forget the Form
–Use a form that asks the certifying doctor for complete information on the claimed condition, including schedule of dates and times for treatments, and minimum amount of time leave will be needed. The DOL provides a form for this purpose. Go to Tip Three