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.

IRS Gives Tax Break on Leave Donations to Benefit Storm Victims

Employees who want to help victims of Hurricane Sandy through leave donation may do so without being taxed on the monetary value of the vacation days, sick days and personal leave they donate, the IRS announced Nov. 6. In a leave donation program, employees forgo vacation, sick or personal leave and return it to their […]

Following FMLA Best Practices? Checklist Says…

Yesterday’s Advisor covered the tricky territory of delaying FMLA leave over late notification; today, a handy FMLA audit checklist, plus an introduction to the problem-solving guide many call the “FMLA bible.” As you go through the checklist, “Yes” answers indicate best practice or required practice. Where the practice is required, a citation to the relevant […]

Albuquerque minimum wage increase garners overwhelming approval

by Robert P. Tinnin, Jr. By an almost 2-1 margin, Albuquerque voters overwhelmingly approved a measure on the city ballot Tuesday that will raise the minimum wage from $7.50 per hour to $8.50 per hour effective January 1. The unofficial vote was 138,000 to 70,699. The current federal minimum wage is $7.25. The measure also […]

Can You Delay FMLA over Late Notification? Maybe, But …

When employees fail to follow regulatory guidelines for FMLA notifications, may the employer delay the leave? It’s a tricky question. Here are the answers: Proper Notice Required First of all, in order for the onset of an employee’s FMLA leave to be delayed due to lack of required notice, it must be clear that the […]

Telecommuting Not Required for Worker With Chemical Sensitivity

While some employees with chemical sensitivity may be entitled to work from home, that remedy is not always available, the U.S. District Court for the Southern District of Ohio has ruled in Core v. Champaign County, 2012 WL 4959444 (Oct. 17, 2012). The court had ruled on July 30 in Core v. Champaign County that […]

Supreme Court Addresses Whether State Prevailing Wage Law Applies to Charter Cities

Yesterday, we looked at a recent case addressing the question of whether wage rates on public works projects are considered a “municipal affair” and not subject to California’s prevailing wage law. Today, the California Supreme Court’s ruling on the issue—plus a newly updated wage/hour resource specifically for California employers.

Workers’ Compensation: Tips for Protection from Retaliation Claims

How can employers protect themselves and reduce the likelihood of retaliation claims when disciplining or terminating an employee who has previously filed a workers’ compensation claim? If a claim of retaliation is feared, what evidence will help prove the employer acted legally? Avoiding Retaliation Claims: Tips When Terminating a Prior Workers’ Compensation Claimant Most employers […]

Providing Accommodations with the Assistance of Job Descriptions

Do you use job descriptions when deciding on what accommodation – if any – can be offered to an employee with a disability? To meet your ADA requirements, it’s important to use the interactive process outlined in ADA regulations and to use job descriptions as an essential part of the process. ADA Requirements: What Accommodation […]

Current Legal Trends Affecting Job Descriptions: ADA, FMLA, and Workers’ Comp

“Job descriptions have a place in so many aspects of workplace law,” Charlie Plumb advised in a recent BLR webinar. Meeting ADA requirements is often top-of-mind since the accommodation process starts with outlining the essential functions of the job, but job descriptions are also impacted by other employment laws, like the Family and Medical Leave […]