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.

NC General Assembly does more than just invalidate Charlotte’s LGBT ordinance

by Richard L. Rainey On Wednesday night, the North Carolina General Assembly passed House Bill (HB) 2, which was then signed by Governor Pat McCrory. While HB 2 was prompted by the desire to overturn Charlotte’s recently enacted ordinance that banned discrimination against LGBT people in the provision of public accommodations and allowed transgender individuals […]

ADA: Did Employer Have the Right to Discharge Employee for Lingering Wound?

By Libby Rasmussen, JD Employers can find themselves between a rock and a hard place when an employee’s illness or injury poses a risk to other people—e.g., patients, customers, and colleagues. Employers have an understandable desire to keep others out of harm’s way, but they could face a disability discrimination suit if they don’t execute […]

Ask the Expert: OK to Follow FMLA, but Not State Leave Law?

My organization has its corporate headquarters in Connecticut and has 50 employees. However, the total company size is much larger (over 700 employees) with locations in several states. Do we have the option of not following the Connecticut leave law because we fall below the 75 employee threshold for coverage?

FMLA and ADA Interplay Quiz: Reinstatement After Leave

Here, we present a workplace scenario where the Family and Medical Leave Act (FMLA) and the Americans with Disabilities Act (ADA) may both apply. Then we provide relevant information about each law and what advice should be given to the employer or what action should be taken regarding ADA and FMLA interplay.

Can a Reasonable Accommodation Be Retaliatory Under the FMLA?

By Richard J. Morgan, JD One of the challenging situations faced by HR professionals and the employers they work for is the differing standards under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). Considering one of the laws without an analysis of the other and its effect on employment […]

HHS Launches Phase 2 HIPAA Privacy Audits

The U.S. Department of Health and Human Services has officially launched its long-awaited Phase 2 HIPAA audit program, the head of HHS’ Office for Civil Rights said at a March 21 conference. The process has begun with the emailing of address verification letters to a pool of potential auditees, said OCR Director Jocelyn Samuels. OCR […]

Supreme Court ruling eases the way for certain class actions

The U.S. Supreme Court ruled March 22 that the use of statistical evidence to create a class action lawsuit against Tyson Foods was proper, an action that may make it easier for employees in certain situations to band together to sue their employers rather than suing as individuals. The Court ruled 6-2 in Tyson Foods […]

What is a Grievance?

In the context of employee-employer relations, the term “grievance” usually relates to an employee’s allegation of a violation of workplace policy or contract terms.