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.

Managers Need Questions—Not Answers

Yesterday, we looked at Dan Oswald’s thoughts on control vs. collaboration. Today, more wisdom from Oswald. He suggests that managers shouldn’t try to have all the answers; the real key to great management is asking the right questions.

Policy Makers Ignorant of FWA Realities?

The Obama Administration has initiatives in worklife balance including flexible work arrangements (FWAs), says attorney David Fortney, but those making the proposals are often not cognizant of the true effect of their mandates. Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and is editor of the Federal Employment Law […]

Arizona Surgery Practice to Pay $100,000 in HIPAA Settlement

A heart surgery group practice agreed to pay $100,000 to settle federal allegations that it chronically neglected standard HIPAA requirements such as risk assessment, training and business associate contracts, the U.S. Department of Health and Human Services (HHS) announced April 17. This settlement, coming hard on the heels of HHS’ $1.5 million agreement with BlueCross […]

A Peculiar Line of Commerce: Supreme Court Weighs FLSA Status of Rx Sales Reps

The pharmaceutical industry made its case to the U.S. Supreme Court April 16 that pharmaceutical sales representatives (PSRs) are “outside salesmen” under the Fair Labor Standards Act and thus are exempt from the FLSA’s overtime requirements. A lot is at stake in the Court’s upcoming decision, since requiring overtime pay for PSRs could impose billions […]

Wendy’s In Hot Water After Turning Away Cook With Disabilities

The U.S. Equal Employment Opportunity Commission is suing a Killeen, Texas branch of the fast food franchise Wendy’s for turning down a job applicant because he is hearing-impaired. The EEOC charges in its suit that the restaurant’s general manager refused to hire Michael Harrison, Jr. for a cooker position, despite his qualifications and experience, upon learning that […]

Brinker Decision Pushes Meal, Rest Breaks Top of Conversation

Last week, the California Supreme Court issued an opinion in a closely watched case dealing with meal and rest breaks for employees. Brinker Restaurant Corp. v. Superior Court clarified meal and rest break practices for employers in California; however, the case is generating interest in other parts of the country as well because of the […]

Collaboration vs. Control: A Classic Workplace Power Struggle

“I think it’s a natural tendency for people to want to be in control,” says business and leadership blogger Dan Oswald. “In fact, I read the other day that the feeling of a lack of control contributes significantly to a person’s stress level. So, it makes sense that all of us would prefer to be […]

Flex Arrangements—Outmoded Laws Are the Chokehold

Flexible Workplace Arrangements (FWAs) are more and more attractive and much easier to manage with today’s technologies, says attorney David Fortney, but the laws that govern them were passed long before the technologies existed, and that can make management difficult. Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and […]

Bill Would Lower Burden of Proof for Employees Bringing ADA, ADEA Claims

Lawmakers have introduced a bill that would lower the burden of proof for employees bringing disability and age discrimination claims. If passed, the Protecting Older Workers Against Discrimination Act (S. 2189) would change the laws’ “but for” standard to one allowing “mixed motives.” Both the Americans With Disabilities Act and the Age Discrimination in Employment Act […]