Practical HR Tips, News & Advice. Updated Daily.
Here we present a leave-related workplace scenario—inspired by an actual court case—that’s intended to help HR professionals better understand an employer’s responsibilities under the Family and Medical Leave Act (FMLA). In this scenario, an employer mistakenly violates its own internal policy of not laying off employees while they are on leave and eliminates the position […]
On May 2, 2017, the California Department of Fair Employment and Housing (DFEH) released its Workplace Harassment Guide, which advises employers how to develop an effective antiharassment program, respond to and investigate claims of harassment, and take appropriate remedial actions. The guide, found here, follows up on regulations the Fair Employment and Housing Council enacted […]
A New York hospital agreed to pay $387,200 to resolve Health Insurance Portability and Accountability Act (HIPAA) privacy allegations that it disclosed a patient’s particularly sensitive health information, including HIV status, to his employer.
When buying appliances, electronics, or jewelry, 81% of consumers extensively research and compare prices and financing offers before making their choice. This approach is in stark contrast to how most consumers approach health care—arguably a much more important decision to make. More than half of U.S. workers spend less than 30 minutes signing up for […]
Here we present a leave-related workplace scenario—inspired by an actual court case—that’s intended to help HR professionals better understand an employer’s responsibilities under the Family and Medical Leave Act (FMLA). In this scenario, when an employee went on leave, her coworkers learned that she was not executing important administrative tasks related to her position. Based […]
The Internal Revenue Service (IRS) is seeking to discourage arrangements in which employees can obtain large wellness incentive payments in exchange for a relatively minor after-tax contribution. Contrary to their promoters’ claims, these setups cannot enable employers to finance wellness incentives solely by reducing their employment tax liability, the IRS warned.
The 3rd Circuit—which covers Delaware, New Jersey, and Pennsylvania—recently ruled that an employer’s honest belief that an employee misused Family and Medical Leave Act (FMLA) leave can defeat an FMLA retaliation claim, even if the employer’s belief is mistaken. The court also ruled that under certain circumstances, an employee’s request for FMLA leave may constitute […]
A pilfering employee of an assisted living facility resigned before she was caught. Can her new employer terminate her for something she did at her previous job?
The West Virginia Supreme Court of Appeals recently offered employers some guidance—and perhaps some encouragement—in determining whether an employee is a “qualified individual with a disability” and, more important, what’s “reasonable” when you’re accommodating an employee during the initial training period.
The 6th Circuit Court—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard an employee’s Family and Medical Leave Act (FMLA) “interference” claim. The employee allegedly threatened a supervisor who issued him a disciplinary write-up over an absence he thought was covered by the FMLA. Did the alleged misconduct halt the FMLA process?