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Employer Stuck with $830k Bill After Delay Results in S-L Claim Denial

The outcome in this case should remind employers that even with stop-loss (S-L) in place, a self-insured health plan is risky business. Trouble for the Claire’s Stores health plan started in the form of a premature birth, which generated about $1 million in charges. Under the terms of its S-L contract, the plan had to […]

California Supreme Court Decision In Brinker Is Here!

The California Supreme Court has just released its long-awaited decision in the Brinker case, ruling that employers must relieve employees of all duty during meal periods – but need not ensure that no work is done during that time. For more on the case, check out the California Courts press release on the breaking decision.

Independent Contractor? … I Don’t Think So

In yesterday’s Advisor, attorney Christine V. Walters offered tips on legal dangers associated with volunteers, interns, and independent contractors. Today, more of her tips, plus an introduction to the 50×50, a unique guide to 50 employment laws in 50 states.< Walters, who is a consultant with the FiveL Company in Westminster, MD, gave her recommendations […]

Avoid Overtime Overages From Mobile Device Use

Employers need to spell out their policies for off-hours use of mobile devices for work purposes or they risk racking up unnecessary overtime. Mobile devices have worked their way into virtually every area of our lives, both at work and at home. You may even be reading this blog on a smart phone or tablet […]

Retaliation Claims: So Common, and So Stupid

Retaliation is now the leading basis for charges against employers, and it remains the stupidest of all charges. Stupid because most retaliation charges can be avoided if managers and supervisors just think before they act.

Juggling Work and Vacation

Juggling Work and Play during Vacation Season

As peak vacation season nears and employees begin jockeying with coworkers to take off the days and weeks they want, employers may be wondering if their time-off policies are fair, simple, and effective or if they complicate work schedules unnecessarily. What’s more important — logging a specified number of hours every weekday, or producing an […]

Misclassification: DOL and IRS Declare War

Misclassification—calling individuals “independent contractors” or “volunteers” who properly should be employees—is a burgeoning legal battleground for HR managers. A recent 30-million-dollar suit on behalf of newspaper carriers is a good example of the stakes involved, says attorney Christine V. Walters. Walters, who is a consultant with the FiveL Company in Westminster, MD, offered her tips […]

Maryland Passes Law Prohibiting Employers from Seeking Social Media Passwords

by Kevin McCormick Maryland has become the first state to enact password protection legislation designed to prohibit employers from requiring applicants and employees to disclose their personal passwords to social media sites such as Facebook, Twitter, and MySpace. The legislation was passed April 9 and is expected to be signed by Governor Martin O’Malley. If […]

Injuries to Nursing Home Workers

OSHA Targets Nursing Homes in New National Emphasis Program

The Occupational Safety and Health Administration (OSHA) has launched a National Emphasis Program (NEP) that for the next three years will step up inspections of health hazards to workers in the nursing and residential care industry. A statement from OSHA quotes figures from the U.S. Bureau of Labor Statistics showing that workers in nursing and […]