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FMLA/CFRA medical certifications in California: An overview

A medical certification is a written document from a health care provider verifying that an employee’s leave is for a serious health condition. It is an objective tool that HR managers should use to determine whether to grant or deny leave requests under FMLA, the California Pregnancy Disability Leave Law, and the California Family Rights […]

Is AI Recruiting Discrimination Inevitable?

In yesterday’s Advisor, we discussed the idea that using artificial intelligence (AI) or big data in the recruiting process doesn’t eliminate problems with discrimination and bias. Perhaps counter intuitively, these methods can actually emphasize bias if we’re not careful, because the machine doesn’t know any better. It can only assess the (often imperfect) traits it […]

Lack of Documentation Hinders Employer’s Ability to Deal With Suspected FMLA Abuse

On August 6, 2021, the U.S. District Court for the District of New Jersey denied requests by both an employer and an employee to resolve a dispute over abuse of leave under the federal Family and Medical Leave Act (FMLA) and the New Jersey Family Leave Act (NJFLA), which both give eligible employees job-protected time […]

Millennials

Incorporating Mobile Tech in Your Recruitment Process

Smartphones are nearly ubiquitous. As a result, retailers and employers are both trying to find better ways to reach their customers and candidates. Today we’ll explore how to incorporate mobile tech into you recruiting process.

NLRB

New Decision on Misclassification Continues NLRB Trend

The National Labor Relations Board’s (NLRB) latest decision in a case involving the misclassification of workers is further evidence of the Board’s willingness to reverse precedents set under the previous administration, but the decision doesn’t lessen the risk of misclassifying employees as independent contractors.

cloud

Why It’s Important to Have a Cloud-Based LMS

Conducting business via the cloud will be the norm, even for laggards, in 2019. And if you haven’t migrated your L&D department, its operations, and its learning management system (LMS) to the cloud by now, you’ll be missing out on a lot this year, and your competition will outpace you.

Finding the Right Incentives to Stimulate Action

Whether or not someone takes a particular course of action often boils down to a competition between different incentives. When a criminal considers robbing a bank, he or she must weigh the negative incentive of going to prison or getting shot in the attempt against the positive incentive of potentially coming away with a lot […]

Fostering Employee Well-Being: The Catalyst for Organizational Success

As we marked World Mental Health Day in early October, it’s essential to shine a light on the role that employee well-being plays in creating a healthier, happier, and more productive workplace. As the war for talent rages on, it’s clear that employees are looking for factors beyond pay or benefits when choosing their employer. […]

Massachusetts Court Green-Lights Nurses’ Defamation Claims

The following case is a cautionary tale about decisive action and one type of legal risk: defamation claims. Although this particular case turned on a legal technicality, it’s useful to show how communicating about your reasons for taking an adverse action can turn into litigation.