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.

Manager Fired While on Leave May Have Interference Claim

By Tara Eberline, JD In addition to giving employees the right to job-protected leave, the Family and Medical Leave Act (FMLA) provides two avenues of relief for an employee when his employer doesn’t comply with its obligations under the law. Read the following article to learn about the distinctions between FMLA interference and retaliation claims […]

Reinstatement Rights under the FMLA and ADA

Do employees have a right to reinstatement to their previous position upon return from Family and Medical Leave Act (FMLA) and Americans with Disabilities Act (ADA) leave? What are the exceptions to reinstatement under each law?

Keeping Up With Popular Policies

What happens when your candidate asks about cell phone use, Internet access, and other policies? Have you kept your policies current as the culture changes? In today’s Advisor, attorney Allan H. Weitzman shares guidelines for cutting edge policies. Weitzman, a partner with the Proskauer law firm, offered his tips at the SHRM Annual Conference and […]

Ask the Expert: 1095 Form for Seasonal and Part-Time Workers?

For the tax forms we must issue for the Affordable Care Act (ACA) – do we need to issue them to seasonal employees since they will not be considered full-time employees? Also, can you confirm that we do not have to issue the form to part time employees (working less than 30 hours per week)?

New WPS Training Requirements—Rising to the Challenge

In November 2015, the U.S. Environmental Protection Agency (EPA) amended the Pesticide Worker Protection Standard (WPS). If you’re in an affected industry, it’s a big change. Today we will review the new training requirements for workers and handlers, which is what some say is the hardest part of complying with the amended WPS.

Lunch Breaks Can Give Employers Indigestion

By Michael P. Maslanka, JD The question of whether lunch breaks are compensable recently surfaced in a case from the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas). The court’s decision is instructive and provides a timely reminder that the Fair Labor Standards Act (FLSA) is fraught with danger.