Category: HR Management & Compliance

There are dozens of details to take care of in the day-to-day operation of your department and your company. We give you case studies, news updates, best practices and training tips that keep your organization fully in compliance with ever-changing employment law, and you fully aware of emerging HR trends.

‘Unlawful’ overtime rule temporarily blocked

A federal district court temporarily blocked the U.S. Department of Labor’s (DOL) new overtime rule on November 22, just days before it was scheduled to take effect. The judge who issued the order called the regulation “unlawful” and said such actions should be left to Congress. At the request of 21 states, the U.S. District […]

Whistleblower

Preventing Whistleblowers in the Workplace: OSHA Expands the Rights of Whistleblowers

by Kara M. Maciel, Esq. and Dan Deacon, Esq., Conn Maciel Carey  In part one of this article, we focused on how the Equal Employment Opportunity Commission (EEOC) has become more aggressive in its whistleblower enforcement efforts. Together, the EEOC and the Occupational Safety and Health Administration (OSHA) have recently taken steps to make it […]

2nd Circuit Scrutinizes Worker’s Inconsistent Claims About His Disability

by Zachary Morahan and Shannon Kane, Coughlin & Gerhart, LLP To be eligible for Social Security disability (SSD) benefits, an individual must be unable to perform “past relevant work.” To be eligible to sue for disability discrimination under the Americans with Disabilities Act (ADA, an individual must be able to perform the essential functions of […]

leave

Targeting FMLA Fraud and Abuse: What is Fraud?

One of the biggest Family and Medical Leave Act (FMLA) frustrations for employers is what to do with an employee who appears to be abusing the law’s protections or, even worse, fraudulently using approved leave for non-FMLA purposes.

ADA Implementation: Common Misconceptions

We recently looked at some issues that arise when the Americans with Disabilities Act (ADA) and leave laws overlap (see ADA Leave Issues: Attendance Bonuses, COBRA, and More). Today, we’ll address some common misconceptions about the law.

overtime

‘Unlawful’ Overtime Rule Temporarily Blocked

A federal district court temporarily blocked the U.S. Department of Labor’s (DOL) overtime rule November 22, just days before it was scheduled to take effect. The judge who issued the order called the regulation “unlawful” and said such actions should be left to Congress.

HIPAA

HIPAA Experts Highlight Recent ‘Spike’ in Enforcement

A recent surge in monetary Health Insurance Portability and Accountability Act (HIPAA) settlements is altering the compliance landscape at a time when new technical and legal challenges also are coming into play, practitioners and regulators told a recent conference.