Practical HR Tips, News & Advice. Updated Daily.
Never base a worker classification decision on uncertainty, according to attorney Christine Walters. Walters, a Maryland HR consultant presenting at the Society for Human Resource Management’s legislative conference in Washington, D.C., March 5, ticked off the many reasons employers might be inclined to classify a worker as an independent contractor. Among them: to avoid paying […]
Litigation value: $150,000. This isn’t Hooters, Dwight. Requiring Kathy to flirt with customers is sexual harassment. Additional damages if Todd Packer plays his sexual predator role as well as we suspect he can. “Bloggers are gross. Bloggers are obese. Bloggers have halitosis.” — Dwight Shrute Sticks and stones, Dwight. Sticks and stones. Dwight should be […]
by Craig L. Olivo Q: An exempt employee was out for a week. He had eight hours of accrued sick time, which he used before coming in and working two unauthorized hours at the end of the week. Are we required to pay him for the whole week? A: Generally, under the Fair Labor Standards […]
The Labor Department underestimated the cost of its proposal extending minimum wage and overtime protections to in-home caregivers underestimates, according to an industry group representing in-home care franchise owners. If the proposal is implemented as planned, the study concludes, both the quality of care provided to seniors and the financial health of the in-home care […]
The story of a Chicago woman fired from her job after she was caught working on her lunch break made national news earlier this year. It struck a chord with the general public because people were questioning why an employer would fire an employee for seemingly going the extra mile. If an employee is punished […]
By Saul C. Glazer The Wisconsin Assembly passed a bill on February 21 eliminating compensatory and punitive damages awards for violations of Wisconsin’s Fair Employment Act (WFEA). This bill was passed by the Wisconsin Senate in November 2011 and is expected to be signed into law by Governor Scott Walker shortly. This law reverses a […]
Employers have a new health care reform deadline to add to their calendars. Last week, the Department of Health and Human Services (HHS), the Department of Labor (DOL), and the Department of the Treasury issued final regulations under the Patient Protection and Affordable Care Act that are intended to help: individuals easily understand their health […]
The Equal Employment Opportunity Commission has clarified when and how screening out job applications without high school diplomas may violate the Americans With Disabilities Act. The commission made clear that such a requirement could violate the ADA in an informal guidance late last year, but clarification was necessary after “significant commentary and conjecture,” it said […]
Update (April 13, 2012): The deadline for submitted comments about the proposed rule change has been extended until April 30, 2012 The U.S. Department of Labor (DOL) is proposing a rule change that would affect how employers calculate leave time under the Family and Medical Leave Act (FMLA) and how employees are to be reinstated […]
By Francine Esposito Navigating the Family and Medical Leave Act (FMLA) medical certification process can be tricky for even the most seasoned HR professionals. Thankfully, most employees requesting leave for their own serious health condition legitimately need it and will provide the necessary documentation. Other employees, however, attempt to “work the system” to take what […]