Archives

ID Theft—Keeping Your Workers’ and Customers’ Trust

As many as 9 million Americans have their identities stolen each year. Are some of those thefts going to happen because your company was lax at identifying red flags? The “Red Flags Rule,” which recently went into effect, requires many businesses and organizations to implement a written Identity Theft Prevention Program. Although the Federal Trade […]

Employer May Be Liable for Actions Taken Against Alcoholic Employee

by Dara Wanzer Complicated legal and moral issues may occur when an employee who has taken medical leave under the Family and Medical Leave Act (FMLA) for alcohol-related health issues returns to employment. The Tenth U.S. Circuit Court of Appeals recently considered some of those issues and found that under certain circumstances, alcoholism can be […]

The Willingness to Dream

For a homework assignment, my youngest child had to find an inspirational quote that he liked and take it to school to share with the class. His choice was a quote that I had not heard before, but its message really struck me. I was impressed enough with his choice that I’d like to share […]

Military FMLA Leave: Qualifying Exigency Leave

by Susan M. Webman and Burton F. Fishman Fortney & Scott, LLC Employees already eligible for leave under the Family and Medical Leave Act (FMLA) with family in the military are entitled to two new forms of FMLA leave benefits — qualifying exigency (QE) leave and military caregiver leave (MCL). The rules for employer coverage […]

OPM Issues Proposed Regs for FMLA, Other Types of Leave

The federal Office of Personnel Management (OPM) has issued proposed regulations to address various issues regarding how federal employers may comply with the new military caregiver provisions of the Family and Medical Leave Act (FMLA). The proposed regulations are similar to the FMLA regulations issued last year by the U.S. Department of Labor (DOL). They […]

U.S. District Court Upholds E-Verify System

This week, a Maryland U.S. District Court ruled in favor of the U.S. government in a lawsuit challenging the legality of the E-Verify system (Chamber of Commerce of the United States v. Napolitano). This means that beginning September 8, 2009, federal contractors and subcontractors will be required to use the E-Verify system to ensure their […]

Did the Recession Make Your Job Descriptions “Lawyer Bait”?

By BLR Founder and CEO Bob Brady During the recent recession, many employees saw their jobs change and grow. There may be fewer bodies, but the work still has to get done. In a lot of cases this, means that job descriptions are out of date and inaccurate. They may be fodder for significant lawsuits […]

Misclassified? Me? Where’s My Back Pay?

If you reclassify employees after a self-audit, you’ll likely face some tough questions, especially about back pay. Attorneys Allen Kato and Saundra Riley recently offered tips on how to respond. But first, here is Kato’s third option for dealing with reclassification (see yesterday’s issue of the Advisor for the first two). (The attorneys are associated […]

Exemption Audits: Should You Involve Employees?

If you are doing more with less (and who isn’t?), employees are putting in extra hours, and exempt workers are likely to question whether they’re really exempt from overtime. It’s probably wise to do a self-audit, but is it wise to include employees in the process? If you do include employees in the exemption audit, […]

H1N1 Vaccinations: May Not Be Available to Employees Until Spring 2010

H1N1 (“Swine”) flu vaccination trials are underway in the United States, and so far, it appears that there are no major side effects, according to the Centers for Disease Control. That’s the good news. The bad news for employers is that the vaccinations likely won’t be available for distribution to most adults through employee health […]