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.

Determining FMLA Eligibility for Leave to Care for an Adult Child

An eligible employee’s daughter has been diagnosed with cancer at age 19. The daughter’s cancer would meet the Americans with Disabilities Act’s definition of disability. Even if the daughter’s cancer goes into remission, it will continue to meet the ADA’s definition of disability because the active condition substantially limits a major life activity—normal cell growth.

Employee’s FMLA Retaliation Claim Will Go to Trial

By William D. Pandolph, JD,  Sulloway & Hollis P.L.L.C. A New Hampshire employee’s Family and Medical Leave Act (FMLA) retaliation claim recently survived the employer’s attempt to get it thrown out before trial. The court rejected the employer’s argument that there was a lack of evidence of retaliation on its part.

Appealing a Notification from the FFM

Yesterday we learned how the Federally Facilitated Marketplace (FFM) can notify employers about any employees that enrolled in Marketplace coverage with advanced premium tax credits (APTCs) and cost-sharing reductions (CSRs). Today, we’ll look at how to appeal those notifications.

New EEOC Wellness Program Rules: GINA

In yesterday’s Advisor, BLR® Senior Legal Editor Joan Farrell, JD, explained new rules for wellness programs under the Americans with Disabilities Act (ADA). Today Farrell discusses additional rules for wellness programs under the Genetic Information Nondiscrimination Act (GINA).

Potential PTO Pitfalls

Does your organization use a (paid time off) PTO bank instead of having separate vacation and sick days? It’s becoming increasingly popular for ease of administration alone. But using PTO is not without its own problems, especially if not implemented well.

New Rhode Island data security law takes effect July 2

by Timothy C. Cavazza and Matthew H. Parker The Rhode Island Identity Theft Protection Act of 2015 will take full effect on July 2, meaning employers need to have their data security and notification policies in compliance or face serious financial consequences if even one data breach occurs. The new law applies to employers and […]

More Fun with the ACA and Form 1095-C

What is the Federally Facilitated Marketplace’s (FFM) 2016 Employer Notice Program that is run by the Centers for Medicare and Medicaid Services (CMS)? It’s important that you know, and we are happy to help you out.

Court Clarifies Successor Liability Rule for Wages Owed by Predecessor

By David M. Stevens, Whiteford, Taylor & Preston LLP A business that purchases the assets of another entity is often concerned about whether it will be held liable for the seller’s debts, including any claims involving employees. In a recent case, Maryland’s Court of Special Appeals examined the standard to be applied in determining whether […]

Ask the Expert: Impact of FMLA on Salary Threshold for Overtime Exemption

I have two questions regarding the salary threshold for exemption.  1) Can a rental discount for an employee who lives onsite at an apartment community managed by his employer count toward the salary threshold for overtime exemption? 2) If a salaried exempt employee takes Family and Medical Leave Act (FMLA) leave during the year, does […]