Author: Stephen Bruce, PhD, PHR

Can We Use the ‘Faltering Company’ Exception for Layoffs?

Normally, the Worker Adjustment and Retraining Notification Act (WARN Act) requires 60 days advance notice of a layoff, but there are several exceptions, including the “Faltering Company” exception. Well, we’re faltering, you may think, so we don’t have to worry about WARN, but it’s not as simple as that. Exceptions to the WARN Act Notice […]

Federal Defense of Marriage Act Found Unconstitutional … Again

Employers with employees who seek coverage under their benefit plans for their same-sex spouses would be justified in wondering exactly what they should do under federal law. The federal Defense of Marriage Act (DOMA) is still in force, but the Obama administration will not enforce or defend it. And now another court has found it […]

Steps to Reduce Conflict, Prevent Violence in the Workplace

Violence in the workplace is one of several concerns when you have conflict between employees. HR professionals need to take complaints and investigations seriously to ensure that situations don’t escalate, and they also need to be sure that safety and other legal obligations are being met. In a BLR webinar titled “Workplace Conflict Resolution: Peacekeeping […]

Layoff, Furlough, Pay Cut: Which Is Best?

The economy may be coming back, but many organizations are still struggling to contain costs. When labor costs are a major factor (when aren’t they?), companies have to choose between freezes, layoffs, furloughs, and pay cuts. When you’ve trimmed all the fat you can trim from operations and marketing and the budget still isn’t balanced, […]

EEOC: Asking Employees to Explain Medical Absences Violated ADA

Asking an employee to explain the nature of an illness that has kept them out of work violates the Americans with Disabilities Act, the Equal Employment Opportunity Commission is arguing in an ongoing California case. The commission sued retailer Dillard’s, which maintained a written policy requiring employees returning from sick leave to submit a doctor’s […]

So You Provide Meals for Your Employees. Is the Chef’s Salary Part of the ‘Direct Cost’?

One of the keys to this determination is comparing the cost of providing the meals to the revenue the operation brings in. There are “direct” and “indirect” costs, the latter of which do not go toward the calculation of the cost-to-revenue ratio that determines whether you are providing a de minimis benefit (and therefore one […]

Our Week in Tweets: February 20th – 24th 2012

These tweets are pulled from our @HRDailyAdvisor account. Please follow us on twitter for more updates! RT @CalEmployer Just posted our 2012 Strategic HR Leadership Summit on LinkedIn. Join us in Vegas in May! http://linkd.in/xNlplc Thanks! RT @ebchampion: VERY INTERESTING STATISTICS: Health Costs Boggle, But Employers Won’t Cut Coverage: http://bit.ly/xeHPjX RT @weknownext: Pyrrhic Victory: Judge […]

SCOTUS to Review Affirmative Action, OFCCP Wants Disability ‘Goals

By Stephen D. Bruce, PHR Editor, HR Daily Advisor The Supreme Court has agreed to hear a case concerning affirmative action in higher education. Meanwhile, the Office of Federal Contract Compliance Programs (OFCCP) has issued a proposed rule that would set goals for disability hiring. Affirmative Action is getting interesting. Supreme Court Review While the […]