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Labor Seeks New Funding to Boost FLSA, FMLA Enforcement in 2013

The Obama Administration’s proposed 2013 budget  includes funding to hire 92 additional Wage and Hour Division investigators. The budget would allocate $6.4 million to hire investigators to enforce the Fair Labor Standards Act and the Family and Medical Leave Act, said Nancy Leppink, acting WHD administrator during a webchat on Monday. The funding would allow […]

The 4 Questions to Ask Before Changing to PTO

PTO (see yesterday’s Advisor) is attractive for many reasons, says attorney John P. Hagan, but there are critical questions to ask before switching over from a traditional approach. Hagan, a partner in the Dallas office of law firm Sarles & Ouimet, LLP, made his suggestions at a recent BLR webinar. Here are his four questions: […]

Fearing State Employee Liability, Delaware Douses Medical Marijuana Law

by Molly DiBianca and Michael P. Stafford Delaware’s medical marijuana program has been extinguished. According to the Delaware News Journal, Governor Jack Markell “has suspended the regulation-writing and licensing process for medical marijuana dispensaries — effectively killing the program.” The decision comes in response to a letter from U.S. Attorney Charles M. Oberly III. The […]

The Battle of Control vs. Collaboration

I think it’s a natural tendency for people to want to be in control. 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 in control. It certainly beats the alternative […]

Health and Safety Coordinator Convicted and Fined

by Rosalind H. Cooper It is commonplace for companies and supervisors across Canada to be charged and convicted with respect to health and safety offenses. But the same doesn’t necessarily hold true for health and safety managers. In R. v. Della Valle, the Provincial Court of Nova Scotia recently convicted and fined a health and […]

PTO vs. Traditional: Plusses and Pitfalls

PTO plans, which eliminate distinctions between types of leave, do relieve HR of an administrative burden and the dreaded role of “absence police,” but there are some drawbacks, says attorney John Hagan. Absences, like terminations, can be voluntary or involuntary; however, unlike terminations the distinction between voluntary and involuntary absences is not typically determined by […]

COBRA and ARRA Rules Misread in Slapping Employer with $500 Notice Penalty

Here’s one positive pattern in COBRA coverage lawsuits: Even if a plan administrator violated the COBRA law, if it acts reasonably under the circumstances, courts are inclined to mitigate the amount of any penalties. But even though the law is more than 25 years old, case law shows there’s still a learning curve about its […]

Bill Would Allow Tax Reimbursement to Federal Employees for Domestic Partner’s Travel

Heads of federal agencies would have the authority to reimburse employees for the taxes imposed on reimbursements of travel or transportation expenses their domestic partners incur when accompanying them on a business trip, under a bill introduced in the U.S. House on Nov. 18 —  the Domestic Partnership Benefits and Obligations Act (H.R. 3485). The […]

Perfectenschlag

Litigation Value: Nothing too outrageous last night, but are we seeing the beginnings of a couple of sexual harassment claims for Jim and Val? Another week has gone by, and our favorite paper and printer sales team has heroically managed to continue to avoid discussing the bizarre behavior of their CEO at his party a […]