Practical HR Tips, News & Advice. Updated Daily.
By Gulu Punia and Jennifer Shepherd Deciding to retain a contractor rather than an employee can be the right decision depending on the needs of a business. But there are risks. If a court determines that the relationship is in fact an employment relationship, the employer can be liable. Such was the case in M.A.P. […]
Self-funded plans that are also self-administered will be made exempt from paying reinsurance contributions under the health care reform law for the 2015 and 2016 benefit years, the Centers of Medicare and Medicaid Services said in final program integrity rules. The promised relief will occur in future rulemaking, according to the preamble of the program […]
by Charles S. Plumb The last several months have witnessed a flurry of court activity regarding same-sex marriage laws. On Tuesday, January 14, Oklahoma joined that activity with an order and opinion issued by Tulsa’s federal court. In 2004, Oklahoma voters approved an amendment to the Oklahoma Constitution defining “marriage” to be exclusively a union […]
On March 9, a signature by Governor Scott Walker made Wisconsin the 25th state to pass right-to-work legislation. The new law means private-sector workers who don’t join a union won’t have to pay what is known as “fair share” payments assessed on workers who are deemed to benefit from union contracts despite their nonunion status. […]
Can’t join your workplace wellness activities due to a health condition? Sure you can, using the government’s accessibility rules for wellness programs. Here’s a primer. In yesterday’s Advisor, we looked at “benign discrimination” and “multiple plan” rules for wellness programs. Today, we look at the “reasonableness” test and the “alternative standard” requirement, and introduce a […]
Recent surveys of the profession show few surprises in what concerns HR. The surprises are in what doesn’t concern you as much. As fall is traditionally the time of year when businesses assess their positions and plan for their futures, we thought it might be a good time for a “state of HR” assessment. What […]
Now that the state budget stalemate has finally ended, Governor Schwarzenegger has gotten back to the work of signing bills sent to him by the legislature, and his last day to do so was September 30. One of the first bills penned into law expands the existing ban on driving while using a cell phone […]
In a new case, an employer argued that even when there’s no evidence that a former employee misappropriated trade secrets, you should be able to block the person from working for a competitor merely by demonstrating that the employee’s new job duties would inevitably cause them to rely on your trade secrets. We’ll tell you […]
Some managers want the productivity losses from social media activity at work to be a tricky “social media” issue, but it’s not, says attorney Molly DiBianca. “It’s a simple management issue, just like somebody taking too many cigarette breaks. The supervisor or manager has to enforce rules and impose discipline if necessary.” DiBianca, who is […]
Revised workplace ergonomics rules may be adopted as early as the April 17, 1997 meeting of the California Occupational Safety and Health Standards Board. We reported in February that California’s ergonomics rules had to be scrapped and rewritten to be less confusing. The reworded regulations have now been prepared. They aim to clarify these main […]