Tag: procedures

Employee Privacy Rights: How Do HIPAA Regulations Help?

Despite your best intentions to meet the requirements of HIPAA regulations, your employees may still feel that your workplace wellness activities – such as health risk assessments, drug screenings and no-smoking discounts – violate their privacy rights. How do you stay in compliance with the Health Information Privacy portion of the Health Insurance Portability and […]

Workplace Violence–The Problem You Can’t Afford to Ignore

Potential violence is easy to ignore, and there’s no law requiring you to have policy or a program; however, the threats—physical, mental, and financial—are very real. Consider the following: Ours is a violent society and some of that violence finds its way into the workplace. One sixth of violent crimes occur in the workplace—nearly 2 […]

Avoiding a Clash Over FLSA Contractor Classifications

Before they find themselves under a wage enforcement microscope, employers need to be aware of potential problems and misclassification errors when designating workers as independent contractors instead of standard employees. The U.S. Department of Labor has had the misclassification of workers squarely in its cross hairs for a while. In particular the designation of “independent […]

Top 11 HR Articles of 2012 from HR Daily Advisor

Your HR Daily Advisor peers have spoken! Here is a list of the top 11 most popular HR Daily Advisor articles of 2012. Read on below for must-read tips on FMLA, GINA, EEOC Mediation, PTO, Retaliation, and more. ‘I’ve Got a Cold–I’m Taking FMLA’ Does a serious cold qualify as a serious health condition under […]

GINA, State Statues, and Your Wellness Program

Yesterday’s Advisor warned of potential legal hassles for wellness programs under HIPAA and NLRA; today, threats from GINA and the states, plus an introduction to the popular wellness guide that will help your program achieve best practice ROIs. Genetic Information Nondiscrimination Act (GINA) GINA (which prohibits discrimination on the basis of genetic information with respect […]

Wellness: Everyone Wins—Including the Lawyers

Wellness programs—win-win and no legal hassles, right? Actually, there are a number of legal pitfalls awaiting the unwary wellness manager. For example, the Health Insurance Portability and Accountability Act (HIPAA), the National Labor Relations Act (NLRA), the Internal Revenue Code, and the Genetic Information Nondisclosure Act (GINA) all have requirements that bear on wellness programs. […]

Five Factors for Establishing RFOA

Yesterday’s Advisor offered details about EEOC’s new final rule on Reasonable Factors Other than Age (RFOA). Today, three more “considerations,” plus an introduction to a unique program just for small or even one-person HR [Go here for Considerations 1 and 2.] Consideration #3—Employer Limited Supervisor’s Discretion This considers the extent to which the employer limited […]

Business Necessity Out, RFOA In (Age Discrimination)

The old “business necessity” rule is no more; in disparate impact age discrimination cases, employers can now defend under the easier standard of “Reasonable Factor Other Than Age” thanks to a new final rule from EEOC. EEOC released its Final Rule on Disparate Impact and “Reasonable Factors Other Than Age” Under the Age Discrimination in […]

Reporting Businesses FLSA Violations Is Now Just a Smartphone App Away

Business owners should be aware that customers typing away on their smartphones might actually be reporting FLSA violations to the U.S. Department of Labor. DOL’s recently created smartphone app, “Eat Shop Sleep,” allows users to search for places to eat, shop and sleep and to read Yelp customer reviews. However, the app also provides users […]

Investigation 101—Confronting the Alleged Offender

Yesterday’s Advisor offered tips for interviewing an employee who has made a harassment or discrimination complaint. Today, how to interview the alleged offender, plus good news—there’s a upcoming virtual summit webinar on How to Conduct Investigations. For help we turned again to HRhero/BLR’s Workplace Investigations: the HR Manager’s Step-by-Step Guide written by attorney Jody Shipper. […]