Most Popular

Too little too late? Labor movement ‘in crisis’ turning to desperate measures

by John T. Neighbours In 2000, John Sweeney, then-president of the AFL-CIO, declared that unions were going to “organize, organize, organize.” A few years later, a group of unions led by the Service Employees International Union (SEIU) and its president, Andy Stern, split off from the AFL-CIO to form an organization called “Change to Win,” […]

Church Music Director Is Minister, So Court Blocks Employment Discrimination Suit

A Catholic church’s music director is a “minister” and therefore ineligible to bring employment discrimination claims against the Church, the 5th U.S. Circuit Court of Appeals ruled, implementing a new U.S. Supreme Court precedent.  Phillip Cannata worked as the music director for St. John Neumann Catholic Church, part of the Catholic Diocese of Austin. He […]

Does the FLSA Apply to My Company?

I often read about the requirements of the federal Fair Labor Standards Act.  How do I know if this law applies to our organization, particularly if we’re also covered by California wage and hour laws?  — Francesca in Merced

News Notes: Worker With Disabled Child Protected By The ADA, Court Rules

An employee who claimed she was fired because her newborn daughter had a disability has been given the green light to sue her employer under the Americans with Disabilities Act. Karen Abdel-Khalek, who worked for Tenenbaum and Associates, Inc., gave birth to a baby with serious health problem. Several months later, while Abdel-Khalek was on […]

Situations and Actions that Predict Possible Violence

In yesterday’s Advisor, we shared OSHA’s take on workplace violence. Today, tips on spotting potentially violent situations from BLR®‘s 10-Minute HR Trainer. Be Alert to Work Situations that Could Potentially Lead to Violence People may be more likely to go over the edge into violent behavior at work when they: Are fired or laid off […]

Devil Is in Details of Final Mental Health Parity Rules

Pre-authorization procedures, plan disclosures and geographical restrictions are just a few features  group health plans will need to re-examine by the time the recently finalized mental health parity rules take effect. For calendar-year plans, this means Jan. 1, 2015 — less than a year away. The interaction of the Mental Health Parity and Addiction Equity […]

Calculating Overtime Using the Fluctuating Workweek Method

By Anne Torregrossa, JD, Brann & Isaacson When pondering wage and hour law, folks generally think in terms of “hourly” and “salaried” employees to distinguish between workers who are subject to the minimum wage and overtime requirements and those who aren’t. However, they are really talking about “nonexempt” and “exempt” employees under the Fair Labor […]

Flawed COBRA/Leave Policy Still Leaves Employer With Unpaid Stop-loss Claims

An employer whose COBRA/leave policy did not align with a stop-loss policy’s terms continues to be on the hook for a COBRA qualified beneficiary’s medical claims that were rejected by the stop-loss insurer. The employer unsuccessfully appealed a lower court ruling that the claims were ineligible under the policy terms because they did not include […]