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.

Another Case for Training Managers and Winning Lawsuits

Woods is a shareholder in the Greenville, South Carolina office of law firm Ogletree Deakins, Nash, Smoak & Stewart, PC. His remarks came at BLR®’s annual National Employment Law Update. Employer’s Failure Allows FMLA Claim To Go Forward The Story: A newspaper receptionist, who was allegedly fired for violation of her employer’s attendance policy, had […]

What Does It Mean To Be ‘Totally Incapacitated’?

Yesterday, we looked at a case involving an employee who claimed to want to return to work but submitted a note from his doctor stating that he was “totally incapacitated.” Today, the conclusion of the case, courtesy of attorney Nancy N. Lubrano of the Irvine office of Carothers DiSante & Freudenberger LLP.

Teacher’s Retaliation Claim Advances to Jury Trial

A recent decision by the 2nd U.S. Circuit Court of Appeals highlights the importance of tracking employees’ hours. That court reversed a district court’s judgment against a New York high school English teacher who claims he was denied tenure in retaliation for taking seven days of leave following gallbladder surgery — FMLA leave for which […]

Have You Trained Your Managers in What Not to Say?

Woods is a shareholder in the Greenville, South Carolina office of law firm Ogletree Deakins, Nash, Smoak & Stewart, PC. His remarks came at BLR®’s annual National Employment Law Update. Seeking a Person ‘More Energetic’ than You The Story: Klockner Pentaplast of America (KPA) employed 58-year-old Dean Inman as its VP Technology. When Michael Tubridy, […]

‘Honest Suspicion’ of FMLA Abuse Justifies Firing, Courts Rule

A multibillion-dollar corporation that hired a private investigator to combat excessive employee absenteeism and suspected FMLA abuse withstood an interference and retaliation claim by a fired factory worker in a case brought before the 7th U.S. Circuit Court of Appeals. The case is Scruggs v. Carrier Corp., No. 11-3420 (Aug. 3, 2012). Daryl Scruggs, who […]

HR Far Removed? I Don’t Think So (‘Seat at the Table’ Talkback)

Our recent epinion “Human Resources–STILL Not a Strategic Partner?” elicited a number of interesting responses from readers. One lamented about being the last to know, while others boosted the strategic importance of HR. Here are the responses: HR Far Removed? I Don’t Think So HR is far removed from the people and points that make […]

Appeals Court Upholds Award for Teacher with Seasonal Affective Disorder

A school district failed to accommodate a teacher with seasonal affective disorder, the 7th U.S. Circuit Court of Appeals has determined, upholding a jury’s award of damages. The 7th Circuit had already heard the case, Ekstrand v. School District of Somerset (No. 11-1949, June 26, 2012), once before. Renae Eskstrand filed suit against her employer, […]

Hazmat Training Guidance from PHMSA

Hazmat transportation regulations require employee training and establish the basic rules for educating employees. But it’s up to you to determine training needs and set up an effective training program. To help employers meet employee training requirements under the hazmat transportation regulations, DOT’s Pipeline and Hazardous Materials Safety Administration (PHMSA) periodically publishes guidance materials. Here […]

It’s WARS Against Arrogant Bosses

By Elaine Quayle Employees who always knew their bosses were egotistical, condescending, and supercilious can now declare WARS on them to prove it! Thanks to joint research at the University of Akron (UA) and Michigan State University, we now have the Workplace Arrogance Scale—or WARS. According to a press release, WARS was presented at the […]