Category: HR Management & Compliance
There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.
Here, we present a workplace scenario where the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) may both apply. Then we provide relevant information about each law and what advice should be given to the employer or what action should be taken regarding ADA and FMLA interplay.
By Richard J. Morgan, JD One of the challenging situations faced by HR professionals and the employers they work for is the differing standards under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Considering one of the laws without an analysis of the other and its effect on employment […]
A new rule scheduled to take effect April 25 is seen as placing new limits on employer efforts to fight union organizing drives. The U.S. Department of Labor (DOL) has announced that it will publish its new “persuader rule” in the March 24 Federal Register. The DOL maintains that the new rule, which requires more […]
The U.S. Department of Health and Human Services has officially launched its long-awaited Phase 2 HIPAA audit program, the head of HHS’ Office for Civil Rights said at a March 21 conference. The process has begun with the emailing of address verification letters to a pool of potential auditees, said OCR Director Jocelyn Samuels. OCR […]
The U.S. Supreme Court ruled March 22 that the use of statistical evidence to create a class action lawsuit against Tyson Foods was proper, an action that may make it easier for employees in certain situations to band together to sue their employers rather than suing as individuals. The Court ruled 6-2 in Tyson Foods […]
In the context of employee-employer relations, the term “grievance” usually relates to an employee’s allegation of a violation of workplace policy or contract terms.
An employee was sent home for a company policy violation. Can the supervisor send her home for a week with the employee’s option to use her PTO otherwise the week will be without pay? There haven’t been any written warnings nor do we have this discipline action in any handbook.
By Elizabeth Bowersox, JD The number of overtime and minimum wage claims filed against employers under the Fair Labor Standards Act (FLSA) continues to rise, and with that hike comes an increased risk of FLSA retaliation claims.
Under the Fair Labor Standards Act (FLSA), employers must pay employees at least the minimum wage for all hours worked. This sounds simple enough. But what does “hours worked” mean in this context? Does it mean just the hours that the employee is scheduled? What about time spent on call? What about break time? What […]
I must say, I’m marveling at the three-ring circus the Republican primary has become. P.T. Barnum, the famous American showman and founder of the Barnum & Bailey Circus, has been credited with saying, “If you want to draw a crowd, start a fight.” Well, it seems that Donald Trump is a student of P.T. Barnum. […]