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Courts, Colds, and the FMLA
In yesterday’s Advisor, attorney Susan Schoenfeld briefed readers on the issue of colds, flu, and the FMLA. Today, what the courts have to say, plus a solution that may eliminate the problem—a corporate wellness program What the Courts Say At least two federal appeals courts have weighed in on the issue of flus and colds […]
FLSA Recordkeeping, FMLA Rule Revisions Planned for Later This Year
This morning the Department of Labor (DOL) hosted its final two agency agenda web chat sessions, beginning with an hour-long segment hosted by the Wage and Hour Division (WHD). Deputy Administrator Nancy Leppink fielded questions and provided insight toward the Division’s current regulatory initiatives. The agenda priorities for the Division in the Spring agenda include […]
Wage Garnishments: New Legislation Lets You Charge Workers A Fee; Compliance Tips
Under California’s wage garnishment law, you can be required to withhold part of an employee’s wages to pay a bill collector, ex-spouse or other creditor. A new change in the law lets you charge employees a small fee every time you make a payment based on a garnishment order. Here’s a quick refresher on your […]
Time to Terminate At-Will Disclaimers? No! Says Expert
In today’s we-want-to-be-the-employer-of-choice world, isn’t it counterintuitive to be telling each new employee, “We can fire you for any reason or no reason”? In the face of the numerous exceptions to employment-at-will status (see yesterday’s Advisor), why would any company bother with at-will statements? Even though it may seem wrong from a morale standpoint, and […]
Final Wellness Rule: Employers Must Offer Choices Among Health Goals, If Rewards Are Offered
Federal agencies just issued new final rules for contingency-based wellness program goals under health reform. If employers offer to give a reward (such as discounted health insurance premiums) to workers who accomplish some kind of biometric goal (a contingency standard), then employers must have a standing “reasonable alternative” to the contingency-based standard, government officials told […]
Georgia: Noncompetes Become More Salvageable
by David C. Hagaman, Ford & Harrison LLP Republicans won every Georgia statewide office and picked up one congressional seat from the Democrats. The most significant vote was the passage of a constitutional measure that gives Georgia courts the right to rewrite restrictive covenants in employment agreements without striking down the entire pact. The new […]
Benefit Plans: Maintain ERISA Records-or Face a Lawsuit; Recordkeeping Guidelines
A new Ninth Circuit Court of Appeal ruling highlights recordkeeping requirements for employee benefit plans under ERISA, the federal law regulating benefit plans, and the con-sequences for employers who don’t follow these rules.
Could You Be (or Be Harboring) a ‘Toxic Boss’?
In Behind the Executive Door: Unexpected Lessons for Managing Your Boss and Your Career, author and executive coach Dr. Karol Wasylyshyn advises managers how to deal with the three types of bosses—Remarkable, Toxic, and Perilous.
Employers Warned of New Misclassification Dangers (video)
The U.S. Department of Labor (DOL) is focusing “an enormous amount of attention” on misclassifying workers as exempt, non-exempt, and independent contractors and is throwing significant resources at the problem, according to attorney Susan G. Fentin, who spoke at the recent Advanced Employment Issues Symposium in Nashville, Tennessee. Plus, the DOL and the IRS are […]