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Family Leave: A Favorite of Plaintiffs’ Lawyers
“FMLA was one of my favorite statutes when I was a plaintiffs’ lawyer,” says attorney Tam Yelling. The law had a great intent, she adds, but it confuses employers.
Meal Break Bill On Hold for Now
Key Steps for Avoiding Discrimination Lawsuits
Avoiding discrimination lawsuits is a matter of understanding the key issues and acting to prevent them. A sister publication has provided guidance on both. This week marks the 65th anniversary of the Pearl Harbor attack that drew the United States into World War II. It also marks one of the most shameful episodes of that […]
If You Don’t Test, You’re a Magnet for Drug Abusers
In yesterday’s Advisor, Dr. W. Smith Chandler offered tips on drug testing. Today, he’ll show how to prevent liability when testing, and we’ll introduce a unique all-in-one HR problem solver that helps with drug testing and most every other HR challenge. Chandler, an SPHR and physician who is board-certified in occupational medicine, has helped many […]
The FLSA Won’t Help You Because You Don’t Work Here
If you find out during the hiring process that an applicant blew the FLSA whistle on his or her former employer, you can probably pull the plug on that applicant, EVEN if you already sent him or her an offer letter (at least in the 4th Circuit). The 4th U.S. Circuit Court of Appeals ruled […]
New guidance signals tougher stance on independent contractor classification
A new interpretation of language in the federal Fair Labor Standards Act (FLSA) is the latest effort in the government’s fight against what it sees as troubling misclassification of employees as independent contractors. On July 15, David Weil, administrator of the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD), released Administrator’s Interpretation 2015-1 […]
News Notes: New Ruling Clarifies ADA Light Duty Obligations
Several injured prison guards who lost their jobs after their doctors prohibited them from having direct contact with inmates were not discriminated against under the Americans with Disabilities Act, according to a new ruling by the federal appeals court that covers California. The King County Department of Adult Detention initially accommodated the guards’ injuries by […]
‘Mini-med’ plans get a new lease on limits
Employer sponsored health plans that set low annual limits on “essential” benefits have been able to apply to HHS for a waiver if they can demonstrate that compliance with June 28, 2010 interim final rules phasing out such caps would cause a “significant decrease in access to benefits or a significant increase in premiums.” Waivers […]
Sex Harassment: FEHC Revises Draft Training Regulations
The California Fair Employment and Housing Commission (FEHC) has revised the proposed regulations to implement A.B. 1825, the law requiring employers with 50 or more employees to provide supervisors with sexual harassment training every two years. The FEHC is accepting comments on the new proposal until July 20, 2006.