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Did Misconduct Discovered During FMLA Leave Justify Termination?

By Lisa Berg, Stearns Weaver Miller Weissler Alhadeff & Sitterson, P.A. The U.S. 11th Circuit Court of Appeals—which covers Alabama, Florida, and Georgia—recently had to decide whether Dollar General violated the Family and Medical Leave Act (FMLA) or the Americans with Disabilities Act (ADA) when it terminated an employee based on its discovery during her […]

New human rights regime now in force in Ontario

by Brian Smeenk On June 30, 2008, new human rights legislation in Ontario came into force. The new regime radically changes the way in which human rights complaints are dealt with in Ontario. Employers, employees, and unions are watching closely to see how well the new system works. 1. Complainants given direct access to tribunal […]

Employers Should Prepare for SBC Requirements

Employers and plan administrators have a new reporting requirement to fulfill now that the Patient Protection and Affordable Care Act is confirmed to be the law of the land. The U.S. Supreme Court’s ruling in National Federation of Independent Business, et.al. v. Sebelius, No. 11-393 (June 28, 2012) eliminates any doubt regarding whether employers need to comply with […]

How to Provide a Satisfying Work Experience

In a previous post, we discussed that when companies value and actively cultivate high employee morale, they tend to outperform their competition by 20%. Today, we’ll offer several tips and strategies on how to improve employee morale and candidate experience in your organization by first getting to know your candidates and employees better.

Power Corrupts

by Mark I. Schickman At its heart, the Pennsylvania State University (PSU) football scandal is a criminal matter. But it’s also the ultimate example of sexual harassment being permitted to recur openly, continuously, and notoriously in a workplace. It’s a sober reminder of what can happen if any person or group believes they are bigger […]

DOL Clarifies Mental Health Parity’s Effect on Pre-Authorization

The effect of the Mental Health Parity and Addiction Equity Act (MHPAEA) on prior authorization practices and other “nonquantitative treatment limitations” was clarified Nov. 17 in guidance from the U.S. Department of Labor (DOL). The MHPAEA interim final rules issued in February 2010 imposed a detailed numerical formula for determining whether quantitative limits such as copayments […]

Military Pay: How to Treat USERRA Pay from a Tax Perspective

I’m concerned about conflicting information we’ve received from the IRS and our legal counsel regarding how the USERRA (Uniformed Services Employment and Reemployment Rights Act) pay differential (pay difference between military pay and the employer’s pay) should be treated from a tax perspective. Do we report these payments on a 1099-MISC or on a W-2?