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Employer Faces More Fees as 11th Circuit Affirms $126K COBRA Penalty Award

A federal appeals court not only affirmed a ruling that an employer/plan administrator must pay more than $126,000 in penalties and legal costs for intentionally violating COBRA notice requirements, it also held that about $2,460 in expenses excluded from the legal award should be revisited by the lower court. The case is Evans v. Books-A-Million, […]

NFL Vikings’ Adrian Peterson as a case study: Employers as judge and jury when employees misbehave?

by Laurie Jirak With the publicity surrounding the drawn out saga following the arrest of Vikings Pro Bowl running back Adrian Peterson, many employers may be asking what options they have to discipline or even terminate employees for allegedly engaging in unlawful conduct outside the workplace. What considerations should have an impact on your employment […]

Does the ADA cover employees with depression?

“Major depression is one of the most common conditions in this country. Estimates are 10 percent of men and up to 25 percent of women will have at least one episode of major depression over their lifespan. That involves depressed mood, lack of interest, lack of enjoyment in usual activities, and a variety of other […]

Do Your Employees Need Respirator Training?

The material in today’s e-mail is adapted from BLR’s 7-Minute Safety Trainer session, “Respiratory Protection.” The goals for a training session on respirator safety should include teaching employees to: Understand when to use the different types of respirators. Understand how to fit, inspect, and maintain respirators. The applicable regulations from the Occupational Safety and Health […]

Supreme Court of Canada reshapes labor law (again)

by John D.R. Craig, Christopher D. Pigott, and Brandon Wiebe In the January 2015 decision of the Supreme Court of Canada in Saskatchewan Federation of Labour (SFL), the Court found, for the first time, that Canadian workers have a constitutional “right to strike.” In reaching this conclusion, the Supreme Court overturned almost 30 years of […]

Learning a lesson in fostering great workers from Google

by Dan Oswald I often talk about the characteristics of the people with whom I want to work. In their book How Google Works, Eric Schmidt and Jonathan Rosenberg talk about the type of people they had at Google. And the two of them should know—Schmidt is the executive chairman and ex-CEO, and Rosenberg is […]

Disabilities: How Should We Deal With an Employee We Think Is Mentally Ill?

We have an employee with what I think are mental health problems. The person has angry outbursts—not violent exactly, but pretty wild when they happen. My question is, how do we approach this person? I don’t think I should be saying, “Hey, I think you have manic depression,” but I don’t know what approach is […]

States, business groups file suits to halt DOL’s overtime regs

by Kate McGovern Tornone Twenty-one states and several employer interest groups filed lawsuits against the U.S. Department of Labor (DOL) on September 20 alleging the agency’s new overtime regulations exceed its authority. The suits, however, are not expected to have any success in the near future, and employers would be well served to be in […]

Forcing Pregnant Employee to Work then Firing her for Underperforming Raises FMLA Interference Claim, 11th Circuit Rules

An employee who was “forced” to work both during her pregnancy and immediately after her child’s birth, rather than take leave under the Family and Medical Leave Act, may have a viable FMLA interference claim when the employer later penalizes her, to the point of employment termination, for alleged poor performance, the 11th U.S. Circuit […]

Senate releases highly anticipated healthcare bill

Update: On June 27, Senate Majority Leader Mitch McConnell announced that a vote on the Senate bill will be delayed until after the July 4th recess. Following the May passage in the House of the American Health Care Act (AHCA), the Senate has now released the text of its own draft ACA reform bill. Dubbed […]