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Train Workers on How to Respond to Active Shooters in the Workplace

In 2013, two nurses at a Milwaukee hospital heard gunshots. Instead of taking cover, they ran toward the gunfire. Only when they spotted the armed man running at them did they turn and flee. A police officer cornered the gunman and restrained him with pepper spray. The gunman screamed: “I can’t see! I can’t see!” […]

‘Unique Interactive Process’ Key to Appeasing EEOC on ADA

In yesterday’s Advisor, the Advanced Employment Issues Symposium panel offered tips for dealing with an increasingly aggressive Wage/Hour Division; today, the panels advice for dealing with ADA issues, plus an introduction to the leading all-HR-in-one website. EEOC is coming after anyone not using a unique interactive process, says attorney Stacie Caraway. They want to see […]

Criminal and background reports as evidence in EEOC class actions

by Steven Collis In its first class action lawsuit challenging an employer’s use of criminal records, the Equal Employment Opportunity Commission (EEOC) ended up dropping its case against PeopleMark and getting socked with $750,000 in sanctions. Recently, the EEOC suffered another stinging loss when a federal court dismissed its discrimination case against Kaplan Higher Education […]

Arbitration: then (in a Michael Crichton novel) and now

The late Michael Crichton had an interesting contrarian streak for a popular fiction novelist. In one of his last novels, State of Fear, he stuck his thumb in the eye of the global warming/climate change “consensus” (it remains the only novel I remember reading that had footnotes).  Readers saw his contrarian streak a decade earlier, […]

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3rd Circuit Rejects Call to Change $3K COBRA Notice Penalty

In rejecting a qualified beneficiary’s attempt to increase a nearly $3,000 COBRA notice penalty, the 3rd U.S. Circuit Court of Appeals noted that the employer/plan administrator’s efforts to remedy the violation did not warrant any higher award. The court also rejected the individual’s request for the reimbursement of medical expenses and attorney’s fees. But in […]

Mad Men ends: What have we learned?

The seven-season-long nonstop drink-and-smoke-a-thon that was Mad Men has come to a close. Were you entertained? Were you satisfied? Better yet, did you learn anything? I will spare you my personal thoughts on the merits of the ending as there are countless commentaries available on the Web. (Really, it’s amazing how many there are.) Suffice it to […]

Pennsylvania: FMLA Settlement Proceeds Not Subject to Federal Tax Withholding

By Gregory J. Wartman A Pennsylvania federal court has ruled that an employer doesn’t have to withhold federal payroll taxes from a settlement payment resolving a discrimination claim under the Family and Medical Leave Act (FMLA). The court reasoned that because the FMLA settlement proceeds weren’t wages, they weren’t subject to federal withholdings.