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Will New Litigation Risks Proliferate Because of Health Reform?

With thousands of pages of new laws and rules, there must be thousands of new reasons for employees to sue for health benefits not delivered properly in the wake of near-complete enactment of health reform starting in 2014, one could be forgiven for thinking. Health reform certainly does appear to be somewhat of a litigation […]

Pros and Cons to Hiring Star Employees

Some organizations view hiring star employees as a no-brainer: hiring top talent means higher performance and higher profits. Others may be wary: hiring star employees comes at a high price, and it may not be justified. Where does your organization stand? What are some of the pros and cons to recruiting and hiring star employees? […]

Criticism in store for Obama’s choice for DOL

President Barack Obama’s choice of Thomas E. Perez for secretary of the U.S. Department of Labor is likely to face tough questions during the process of confirmation by the Senate. If confirmed, Perez will replace Hilda L. Solis, who stepped down as labor secretary in January after serving in the post four years. Foes of […]

Inpatient Treatment for Alcoholism Protected Under ADA, FMLA

 Courts generally agree that an employee suffering from alcoholism has “a physical or mental impairment” — and, hence, a disability protected under the Americans with Disabilities Act. While an employer can deny employment to, discipline or discharge an alcoholic whose use of alcohol adversely affects job performance or conduct, ADA provides that an employee whose poor […]

Can We Hire a Foreign Exchange Student as an Intern?

We are an accounting firm that frequently hires area college students to intern for short periods throughout the year. We recently received a few outstanding applications from foreign students attending the local college.  Can we hire foreign students as interns? The short answer is that yes, foreign students are eligible for paid employment off campus, […]

Comfort Inn Settles Pregnancy Discrimination Suit for $27k

The owner of a Comfort Inn & Suites franchise will pay $27,500 to settle claims that it discriminated against an employee because she was pregnant. The case reminds employers to keep in mind that the law prohibits discrimination against pregnant employees, and that employers may need to accommodate them. Ramin Inc., which owned a Comfort […]

Todd Packer’s revenge

In last week’s episode, this blog’s all-time favorite character returned with gifts. And when I say “gifts,” I mean gifts for the writers of this blog; not so much for the Scranton branch. That’s right, Dunder Mifflin’s all-time leader in litigation liability for the company, Todd Packer, returned to the show for (what just has […]

HIPAA final regulations take effect March 26

The long-awaited final Health Insurance Portability and Accountability Act (HIPAA) regulations released by the U.S. Department of Health and Human Services (HHS) in January become effective on March 26. According to the HHS, the regulations represent “the most sweeping changes to the HIPAA Privacy and Security Rules since they were first implemented.” The regulations are […]

Can You Really Train in 10 Minutes?

What do the Washington State Department of Personnel (DOP), Agile Software, and the Ritz Carlton Hotels have in common? All use the “10-Minute Stand-Up”—a no-chairs-allowed daily meeting to beat the endless meeting syndrome. Washington State DOP At the Washington State DOP, the meetings take time—but not much—to: Recap the previous day’s results. Review plans for […]

FMLA: DOL Throws Surprise Birthday Party—Final Regs Issued

Just what we were hoping for—more complicated regulations. The Final Rule, says Schoenfeld, which addresses family military leave and airline flight crew rules, will change the way in which covered employers administer family leave for servicemember caregivers and employees with family members in the military. Schoenfeld is a Senior Legal Editor on BLR’s human resources […]