Comings and Goings: When Does Workers’ Comp Kick In?
Many employers are unclear on whether employees who are injured while traveling from home to work, or vice versa, are entitled to workers’ comp benefits.
Author: Jennifer Carsen
Can You Require an Annual Physical? An Alcohol Test? A Prescription List?
Can you require an annual physical? An alcohol test? A prescription list? Generally, no, no, and no. These and other tricky ADA questions are answered in EEOC’s Enforcement Guidance on Disability-Related Inquiries and Medical Examinations. First of all, remember that there is a difference between applicants and employees, and the rules concerning disability-related inquiries and […]
What’s Covered By Workers’ Comp in California?
Under the Labor Code, an injured employee is entitled to workers’ comp when he or she sustains an injury or illness while acting within the course of his or her employment, or while performing service incidental to his or her employment.
Pay Budgets for 2013–What’s the Plan?
By Stephen D. Bruce, PHR Editor, HR Daily Advisor Compensation planning? There’s nothing more basic than the pay budget, and everyone needs good survey data to support their decision-making. Of course, we can’t generate great data unless you participate in our brief pay budget survey.< Take the 2012-2013 pay budget survey now. For years, BLR […]
Top 11 HR Articles of 2012 from HR Daily Advisor
Your HR Daily Advisor peers have spoken! Here is a list of the top 11 most popular HR Daily Advisor articles of 2012. Read on below for must-read tips on FMLA, GINA, EEOC Mediation, PTO, Retaliation, and more. ‘I’ve Got a Cold–I’m Taking FMLA’ Does a serious cold qualify as a serious health condition under […]
GINA, State Statues, and Your Wellness Program
Yesterday’s Advisor warned of potential legal hassles for wellness programs under HIPAA and NLRA; today, threats from GINA and the states, plus an introduction to the popular wellness guide that will help your program achieve best practice ROIs. Genetic Information Nondiscrimination Act (GINA) GINA (which prohibits discrimination on the basis of genetic information with respect […]
Report: Fewer FLSA Cases Filed in 2011 than 2010
The number of Fair Labor Standards Act civil lawsuits filed in 2011 declined 7.2 percent, according to a recent report by the Administrative Office of the U.S. Courts. In all, 6,335 FLSA cases were commenced in district courts nationwide during the 12-month period ended Sept. 30, 2011, down from 6,825 during the same period in […]
Wellness: Everyone Wins—Including the Lawyers
Wellness programs—win-win and no legal hassles, right? Actually, there are a number of legal pitfalls awaiting the unwary wellness manager. For example, the Health Insurance Portability and Accountability Act (HIPAA), the National Labor Relations Act (NLRA), the Internal Revenue Code, and the Genetic Information Nondisclosure Act (GINA) all have requirements that bear on wellness programs. […]
Rhode Island Recognizes Other States’ Same-sex Marriages
Same-sex marriage is not legal in Rhode Island, but employers there must make provision for employees’ same-sex spouses nonetheless. Gov. Lincoln Chafee (I) on May 14 signed an executive order announcing that Rhode Island will recognize the validity of same-sex marriages entered into in states where it is legal. The executive order went into effect […]
7th Circuit: Pharmacy Reps Exempt from FLSA as “Administrative Employees”
Although the Supreme Court will soon decide whether pharmaceutical sales representatives (PSRs) may qualify for the Fair Labor Standards Act’s “outside sales” exemption from overtime pay, the 7th U.S. Circuit Court of Appeals ruled in early May that PSRs could be exempt from the FLSA under the law’s “administrative exemption” (Schaefer La-Rose v. Eli Lilly […]