Ask the Expert: Clarifying Protected Health Information Under HIPAA Privacy Rule
Question: Are payroll deductions for employee medical plan coverage considered protected health information (PHI) under HIPAA regulations?
Category: HR Management & Compliance
There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.
COBRA: Proper Mailing Procedures Trump Address Mistake
by Gwen Cofield Although an employer or plan administrator is not required to ensure actual receipt of the Consolidated Omnibus Budget Reconciliation Act (COBRA) notice, a good-faith effort to provide the COBRA notice must be made. Where an administrative error prevents the receipt of the COBRA notice, an employer or plan administrator can demonstrate good-faith […]
Video: How to Avoid the Dangerous Practice of ‘Make Up’ FMLA Leave
As an employment law attorney who specializes in FMLA, Stacie Caraway of Miller & Martin PLLC has heard from many well-meaning employers who want to help out their employees (who may claim, for example, that taking FMLA creates a financial hardship) by allowing them to ‘make up’ time they take for FMLA leave. The one […]
It’s time to cozy up to the new I-9
It’s time for employers to get acquainted with the new Form I-9. The form is easier to use than the old version, but with just a few weeks left before employers must make the switch, it’s a good idea to get familiar with the form now, says Jacob Monty, managing partner at Monty & Ramirez, […]
ADA’s Interactive Process Requirement Means You Have to Talk to Employees
by Michael J. Modl Your employee tells you that she has a disability that has resulted in limitations on her ability to perform certain job duties. She asks for a reasonable accommodation and even has a couple suggestions. What is your obligation to meet with her to discuss her limitations and possible accommodations? What happens […]
Video: FMLA Eligibility Mistakes Can Be a Landmine for Employers
As HR professionals know, the Family and Medical Leave Act (FMLA) leave is one of the most confusing and complex areas of employment law. There are many aspects of leave management that can be legal landmines for employers who don’t administer leave or communicate their policies effectively. Speaking to an audience of employers and HR […]
Ask the Expert: Can We Adjust Time Cards for Waiting Time?
Question: My employer uses a “4 -minute rule,” meaning that our employees have an 8-minute window (4 before and 4 after their scheduled time to clock in) without changes being made to their time cards. We do this because there’s a line waiting to clock in. However, for those who are more than the 4 […]
New AZ minimum wage takes effect January 1
by Dinita L. James Gonzalez Law, LLC The minimum wage in Arizona will jump from $8.05 to $10 on January 1 as a result of the passage of Proposition 206 in November. A last-minute barrage of litigation by the Arizona Chamber of Commerce and Industry failed to block the increase from taking effect. On December […]
Puzder Hearing Set for January, Dems Defend Overtime Rules
The Senate has scheduled a confirmation hearing in January for President-elect Donald Trump’s pick for Secretary of Labor.
Lifting Restriction Dooms Hawaii Employee’s Disability Bias Claim
by Amanda M. Jones Disability discrimination claims are increasing in Hawaii. Case in point: A Hawaii employee sued his employer for disability discrimination even though the employer provided a year’s worth of medical leave and agreed to transfer the employee to a different position to accommodate his heavy lifting restriction. A Hawaii judge recently dismissed […]