Author: Daniel Cafaro

Employee Review Near FMLA Leave Time: A Slippery Slope

When you must defend your decision to fire an individual based solely on his poor performance, no one likes the idea of having to scale a circumstantial Mount Everest in a court of law. But a cohesive paper trail of evidence is critical when you are asked to establish legal footing and justify your adverse […]

“No Mosquitoes Allowed!” More Training Tips to Control Mosquitoes

Mosquitoes can carry a number of dangerous and deadly diseases, including malaria, dengue and yellow fevers, several variations of encephalitis, and West Nile Virus. So protect yourself and your workers from insect-borne diseases by training them to take these precautions from EPA for controlling mosquitoes in your area. Remove Their Habitat Eliminate standing water in […]

Understanding Progressive Discipline

Employees are motivated to perform in several ways, some from positive reinforcement and some from negative reinforcement, which is where progressive discipline comes in. Another rationale for the use of progressive discipline is to instill a sense of fairness in employment termination decisions. When you let someone go, employees want notice in order for it […]

Responding to insufficient FMLA/CFRA medical certifications and suspected fraud

Most employers require medical certification when administering FMLA or CFRA leave of absence requests. But the certification process isn’t always as cut and dry, especially in California. For instance, what should you do if the documentation from a healthcare provider is vague, incomplete, or ambiguous? What can you legally do if the documentation doesn’t provide […]

Texting While Driving—Expensive (Not to Mention Dangerous)

Special from Atlanta–SHRM Annual Conference and Exhibition Your employees are doing compensable work on their handhelds after hours, says attorney Joseph Beachboard, and many of then are doing while they are driving. Beachboard, who is a shareholder in the Los Angeles and Torrence, California offices of national employment law firm Ogletree, Deakins, Nash, Smoak & […]

High-profile Supporters to Push SEC for Higher Fiduciary Standards in Sept. 11 Meeting

Twelve well-known U.S. financial services industry figures will meet Sept. 11 with the chairman of the Securities and Exchange Commission to discuss their “Fiduciary Declaration,” which will urge Congress and the agency to heighten protection for those receiving investment advice. The declaration, to be signed by Paul Volcker, John C. “Jack” Bogle, Sheila Bair and […]

Police Chief Still an Executive Under FLSA Even While Walking the Beat, Says VT Superior Court

A former police chief in Vermont was correctly classified as exempt under the Fair Labor Standards Act’s executive exemption — despite the fact that he frequently had to perform patrol work — because the bulk of his duties were still considered managerial, the Vermont Supreme Court ruled Aug. 10. In spite of his status as […]

USI Advisors to Pay $1.3 Million to 13 DB Plans Over Mutual Fund Fee Disclosure

A Connecticut-based fiduciary investment adviser agreed in a settlement to pay about $1.3 million to 13 pension plans to resolve alleged ERISA violations related to mutual fund fees the firm received. USI Advisors Inc. made investments in mutual funds on behalf of ERISA-covered defined benefit plan clients and received 12b-1 fees from those funds, according […]

Fears of Increased ‘Leakage’ Drive Efforts to Insure, Toughen Retirement Plan Borrowing

Concerns are mounting in the United States about the increase in retirement plan “leakage” — hardship early withdrawals and loans being taken against such plans during tough economic times. As more Americans deplete their retirement savings to meet emergency expenses resulting from long-term unemployment, tightened credit or high medical expenses, policy makers are seeking ways […]