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Don’t Get Bit by COBRA When Employees Leave

The Consolidated Omnibus Budget Reconciliation Act, which stands for COBRA, has been around for a long time. Still, it remains the source of thorny compliance problems and a fertile ground for litigation. The sheer complexity of the COBRA scheme, and the timing issues involved, can throw off even the most diligent and conscientious employer. COBRA […]

Employer Q&A on Disabilities, Drugs and the ADA

Can an employer legally terminate an employee who is permanently disabled and can no longer perform the essential job functions? Do Americans with Disabilities Act (ADA) protections apply to all employees immediately, or must they be employed with the company for a certain amount of time first? What can employers ask when it comes to […]

HRCI Responds to Reader Questions, Announces Two New Certifications

HR Daily Advisor: You have two new certifications—HRBP (HR Business Professional) and HRMP (HR Management Professional). I understand these are mostly for foreign HR people—can you give me some details? HRCI: The HRBP and HRMP are for HR professionals who work outside of the United States and have mastered their country’s HR practices and regulations. […]

Let your voice be heard in 2014

by Dan Oswald As we kick off 2014, it’s my hope for you that you have the courage of your convictions both in your personal life and at work. I hope you will speak and act according to your beliefs, even in the face of disagreement or criticism. We live in a world where being […]

FMLA: When Absences and Certifications Don’t Match Up

By Susan Schoenfeld, JD In cases where an employee’s absences are not supported by his or her medical certification, an employer should consider recertification. An employer may request recertification of an employee’s serious health condition no more often than every 30 days unless one of the specific exceptions discussed below applies.

Outside Compensation Experts and HR: What’s Your Role?

As part of the Human Resources team who has significant compensation expertise, you may be feeling a little, well, left out. The climate around executive compensation is complicated right now, including both increased regulation and increased outrage (not coincidental, by the way). It may have your compensation committee bringing in the big guns—external resources called […]

Does Temporary Layoff Result in Right to Severance Pay?

By Derek Knoechel In early 2008, the owner of a dental practice, having recently purchased the business, faced some difficult choices. Given what appeared to be a temporary downturn in revenues, the owners decided on a temporary layoff. While permitted by employment standards laws, the employer in the recent case of Besse v. Dr. A.S. […]