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.

Loss of COBRA Eligibility Due to Union Lockout Deemed Labor Rights Violation

Typically, interference with an employee’s COBRA coverage rights raises legal claims under ERISA; however, employers should take heed that in some instances other federal laws are invoked. Recently, an employer was found to have violated federal labor law when it engaged in an unlawful lockout of union employees that included the cancellation of their health […]

Managers Think It’s All About the Money (Employees Disagree)

Special from the Advanced Employment Issues Symposium, Las Vegas When employees and their managers are asked about what they value at work, the answers are surprisingly different, says consultant Andrew Botwin SPHR. That disconnect will result in expensive turnover. Botwin, who is CEO of SPC (Strategy People Culture) Consulting, offered his engagement tips at BLR’s […]

Final pay rules in California: Understanding the waiting-time penalty

What is the waiting-time penalty? Under California Labor Code Section 203, employers will be assessed a penalty for any willful failure of on-time payment of any part of final wages due to a departing employee. Remember that wages earned are due and payable immediately upon discharge for involuntary terminations. For resignations with at least 72 […]

California Pregnancy Regulations Revised

The state Fair Employment and Housing Commission has just announced the approval of changes to the state’s pregnancy regulations. The changes go into effect on December 30, 2012. They make significant changes to the existing law, including:

2012 Survey Highlights–Pay, Policies, HR, Leave, Holidays

In today’s Advisor, we’ll do our annual summary of our 2012 survey results—a good time to check your practices against those of thousands of other employers around the country. Pay Budgets 2.5 to 3 Percent Our survey revealed that most employers offered modest pay increases in 2012 and will do so again in 2013. In […]

The Best Harassment Prevention Prescription is to Train, Train, Train

[Go here for 1 to 5] 6. A superior blocks a promotion for a subordinate who has firmly stated that the superior’s sexual remarks were unwelcome. This is another example of potential tangible employment action harassment. Of course, the superior can argue that he or she blocked the promotion for a good business reason, but […]

Q&A on personnel records

Personnel records often contain sensitive information, so you have to handle them carefully. They can not only prove you’re in compliance with government recordkeeping requirements, but they also can make or break your case during disputes with current or former employees.

HR 2013 and Beyond—Hot Topics

Special from the Advanced Employment Issues Symposium, Las Vegas In yesterday’s Advisor, panelists at the Advanced Employment Issues Symposium in Las Vegas covered sweeping developments at DOL and EEOC Today, the compensation-related issues, plus an introduction to the unique “50×50” (50 Employment Laws in 50 States). Panelists included Susan Webman, Of Counsel with FortneyScott in […]

Nurse’s High Anxiety Put Employer on FMLA Leave Notice

An employee walks visibly shaken into your human resources office. She is upset about a work reassignment and says she does not feel properly trained for the new position. She has an emotional meltdown in front of you: crying and shaking so severely that she requests an ambulance. You attempt to calm her and instruct […]

ADA-protected disability does not excuse sexual harassment

If an employee’s disability causes him to sexually harass co-workers, the Americans with Disabilities Act does not require the employer to turn a blind eye, the 2nd U.S. Circuit Court of Appeals ruled in McElwee v. County of Orange, No. 11-4366-cv (2nd Cir. Nov. 15, 2012). James McElwee, an individual with Pervasive Developmental Disorder, worked […]