Author: Jennifer Carsen

How Good Employee Documentation Helps You Achieve Your Objectives

Employee documentation can be HR’s secret weapon. It can be used as part of a defense strategy should you ever be faced with a discrimination or retaliation lawsuit, for example. Any labor and employment attorney will tell you that one of the keys to being able to defend—or even prevent—litigation rests in sound HR documentation […]

Another Case for Training Managers and Winning Lawsuits

Woods is a shareholder in the Greenville, South Carolina office of law firm Ogletree Deakins, Nash, Smoak & Stewart, PC. His remarks came at BLR®’s annual National Employment Law Update. Employer’s Failure Allows FMLA Claim To Go Forward The Story: A newspaper receptionist, who was allegedly fired for violation of her employer’s attendance policy, had […]

What Does It Mean To Be ‘Totally Incapacitated’?

Yesterday, we looked at a case involving an employee who claimed to want to return to work but submitted a note from his doctor stating that he was “totally incapacitated.” Today, the conclusion of the case, courtesy of attorney Nancy N. Lubrano of the Irvine office of Carothers DiSante & Freudenberger LLP.

Documentation–the Good, the Bad, the Missing

Yesterday’s Advisor featured key training topics 1 to 4; today, we’ll cover topics 5 and 6 and we’ll introduce the new, full-function total training resource, Training Today. 5. Documentation Why it’s a problem. Documentation a pain, it’s not an immediate issue, managers don’t know what to write, and no one’s checking to see whether it […]

Teacher’s Retaliation Claim Advances to Jury Trial

A recent decision by the 2nd U.S. Circuit Court of Appeals highlights the importance of tracking employees’ hours. That court reversed a district court’s judgment against a New York high school English teacher who claims he was denied tenure in retaliation for taking seven days of leave following gallbladder surgery — FMLA leave for which […]

Have You Trained Your Managers in What Not to Say?

Woods is a shareholder in the Greenville, South Carolina office of law firm Ogletree Deakins, Nash, Smoak & Stewart, PC. His remarks came at BLR®’s annual National Employment Law Update. Seeking a Person ‘More Energetic’ than You The Story: Klockner Pentaplast of America (KPA) employed 58-year-old Dean Inman as its VP Technology. When Michael Tubridy, […]

The Six Training Topics that Will Keep You Out of Court

There are lots of topics for manager and supervisor training, but these six are the keys for keeping your company out of court. Train on them first. 1. Wage/Hour/FLSA Why it’s a challenge: Supervisors and managers think they know the rules, but the rules are more complex than they think they are. Typical manager/supervisor blunders: […]

Contraceptive Mandate Enforcement Stay Revised to Admit More Employers

Compliance with the contraceptive coverage mandate under health reform is stayed until Aug. 1, 2013 for employers that fit into a slightly expanded enforcement safe harbor described by the Center for Consumer Information and Insurance Oversight (CCIIO) in an Aug. 15 memo. Reform’s preventive care mandate requires plans and insurers to cover a host of […]

IRS Proposes Rule on Reimbursed Entertainment Expenses

Employers that pay advances, allowances or reimbursements to employees for work-related entertainment expenses — including taxpayers who, in turn, get reimbursed by their clients for such expenses — have until Oct. 30 to comment on a proposed regulation IRS published Aug. 1. The proposed rule clarifies who — among the employer, its client and an […]