Author: HR Hero

HIPAA final regulations take effect March 26

The long-awaited final Health Insurance Portability and Accountability Act (HIPAA) regulations released by the U.S. Department of Health and Human Services (HHS) in January become effective on March 26. According to the HHS, the regulations represent “the most sweeping changes to the HIPAA Privacy and Security Rules since they were first implemented.” The regulations are […]

Getting the most from Gen Y: Research delves into the Millennial mindset

by Tammy Binford Consider the modern workforce: The up-and-coming Gen Y Millennials sit alongside Gen Xers, baby boomers, and even a few 70-and-older workers who’ve decided to delay retirement or skip it altogether. Researchers tout an era when four distinct groups inhabit the workplace—those born in 1945 and before, the boomers born from 1946-1964, Generation […]

FMLA leave may be used to care for a disabled adult child

by Edward Sisson The acting deputy administrator of the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) issued Administrator’s Interpretation (AI) No. 2013-1 on January 14 to explain the WHD’s position on who is considered a son or daughter under Section 101(12) of the Family and Medical Leave Act (FMLA). The […]

EEOC’s use of ‘race raters’ against Kaplan University gets failing grade

by Judith E. Kramer On January 28, a federal court ruled in favor of Kaplan Higher Learning Education Corp. and Kaplan University in a lawsuit filed by the Equal Employment Opportunity Commission (EEOC). The EEOC had alleged that Kaplan’s use of credit history reports in making hiring decisions violated certain provisions of Title VII of […]

Veganism may be a religious belief requiring accommodation

by Rebecca A. Kopp The U.S. District Court for the Southern District of Ohio has expanded the practices that may be considered protected religious views. The court refused to dismiss a vegan employee’s federal and state religious discrimination claims and permitted the parties to engage in further discovery (the pretrial exchange of evidence relevant to […]

The FMLA turns 20

On February 5, 1993, the Family and Medical Leave Act (FMLA) became the first legislation signed into law by President Bill Clinton. On February 5, 2013, the U.S. Department of Labor (DOL) celebrated the 20th anniversary of the Act by publishing new FMLA regulations and holding a special event attended by President Clinton, former Secretary […]

The power of a PIP – performance improvement plan

By Marie-Julie Lanctôt Under their management rights, employers may establish fair, accurate, and achievable performance standards. A recent decision from the Labour Relations Board of Quebec, Piché et Impérial Tobacco Compagnie ltée, 2012 QCCRT 0600 (decision available in French only), serves to illustrate how Canadian employers may properly dismiss employees for poor work performance despite […]

Beyond Yahoo! hoopla: Legal issues have place in work-from-home debate

by Tammy Binford When Yahoo! Inc. CEO Marissa Mayer decided her company would be better off if home-based workers relocated to the office, she gave a lot of people a lot to talk about. And telecommuters, HR professionals, executives, and bloggers sounded off in a big way. The furor started with a memo in February […]

BLR’s 2013 retirement benefits survey results

Recently, BLR conducted a survey of 1,261 HR professionals to find out about the retirement benefits their organizations offer employees. Most respondents (86%) say they offer either a 401(k) or 403(b) retirement savings plan to employees. Employee contributions While a high number of employers represented in the BLR survey offer retirement benefits, only 33% automatically […]

NLRB wants Supreme Court review of recess appointments decision

The National Labor Relations Board (NLRB) announced on March 12 it will ask the U.S. Supreme Court to review an appeals court decision that says the appointment of two Board members is invalid. In consultation with the Justice Department, the NLRB said it intends to file a petition by the April 25 deadline for Supreme […]