CMS Offers New Health Coverage Enrollment Option for Small Businesses
The Centers for Medicare & Medicaid Services (CMS) has announced a plan to change the way that small businesses enroll in insurance coverage through the federal exchanges.
Archives
Court Holds Missouri TV Station to Oral Agreement Despite Unclear Bonus Terms
In Missouri, it has long been settled that for a contract to be valid and enforceable, the essential terms must be definite and mutually agreed upon by both contracting parties. Without certainty in the crucial terms, there can be no mutual understanding between the parties and, therefore, no valid contract. However, a recent decision from […]
Minimum Wage Requirements for Tipped Employees and Piece Rates
In this article series, we provide a refresher on the basics of the Fair Labor Standard Act’s (FLSA’s) requirements. In our previous article, we explained FLSA’s minimum wage provisions and a few exemptions. In this article, we discuss how they apply to tipped employees and piece-rate workers.
Workplace Investigations—Mistakes to Avoid
Workplace investigations can be time consuming and exhausting—but, despite that, they’re not a time where it’s okay to cut corners. When conducting an investigation, the organization must always remember that it’s not only seeking to resolve the issue at hand, it’s also seeking to minimize the risk of future lawsuits and do everything properly in […]
Can Waste Management Employee Prove Disability Discrimination Claim?
The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—recently heard a claim from a former Waste Management employee. The former employee claims he was discriminated against under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). How did the 6th Circuit rule? Facts “Justin” was hired by […]
ADA: Court Rules that Deceased Employee’s Estate May Sue for Compensatory Damages
The U.S. 8th Circuit Court of Appeals—which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota—recently reversed an Arkansas district court’s dismissal of a discrimination claim brought under the Americans with Disabilities Act (ADA) by a deceased employee’s estate.
Is South Dakota Employee Eligible for Unemployment Benefits After Stealing from Former Employer?
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?
Back to Basics: Was DMV Worker A ‘Qualified Individual’ Under WVHRA?
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.
New Tennessee Law Allows Employers to Pay Employees Once a Month
On May 11, Governor Bill Haslam signed a new law that gives private employers in Tennessee more flexibility in paying wages and other compensation. The law took effect immediately.
How to Reduce Presenteeism
Presenteeism refers to the situation in which employees are at work, but they are not as productive as they could be because they’re not feeling well—but they’re not feeling sick enough to take a day off, or they don’t have days off to take.