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TPA May Not Be Sued for MHPAEA Violations, Court Rules

A third-party claims administrator may not be sued for violating the Mental Health Parity and Addiction Equity Act because the law by its terms applies only to group health plans and their insurers, a federal district court ruled. Related ERISA claims against the TPA were also dismissed because the company was not the “plan administrator” […]

FMLA— HR’s Own Personal Migraine

FMLA—HR’s own personal migraine. (Migraine people, says attorney Stacie Caraway, may have terrible headaches, but never so bad that they don’t know exactly how many days and hours of FMLA they have left.) Successful management of FMLA is very much about careful attention to forms and schedules. In today’s Advisor, Caraway offers tips for getting […]

Terminations: ‘Maybe’ Involve HR? No, Always Involve HR

By Stephen D. Bruce, PHR Editor, HR Daily Advisor In a recent CBSmoneywatch article about how not to fire an employee, columnist Amy Levin-Epstein notes that it’s often a good idea to involve HR when terminating. I’ll say. But the rule should be: always involve HR. Consulting with HR before any termination should be an […]

Sexual Harassment

LITIGATION VALUE: Over $700,000 It would be pretty safe to say that any time a company’s regional manager asks a female employee to act out a lesbian love scene during its anti-harassment training you have problems. Expensive problems. Not only does the company face liability for Michael’s actions in contributing to the hostile working environment […]

5 Questions Recruiters Should Never Ask

Many companies have outsourced some of their HR functions by hiring professional recruiters to identify and screen potential new hires. These recruiters can be valuable assets, as they specialize in this area of Human Resources, but they can also be a liability, as they are the first impression potential hires get of your company, and […]

5 Ways to Put the ‘Good’ in Goodbye

My former employer, Oscar-winning actress Olympia Dukakis, used to say that every job ends sometime. Of course, she was right. And when that day comes, we all hope it will be our choice and not our employer’s. We also would like to see it coming rather than being blindsided. After all, no one starts a […]

Employers Beware: NLRB Instructs on Harsh Penalties for Repeat Offenders

In its recently decided 2-1 decision, the National Labor Relations Board (NLRB) discussed additional remedies it may now consider in cases involving employers that have engaged in what the Board considers repeated or obvious disregard for employees’ rights under the National Labor Relations Act (NLRA). The decision is consistent with NLRB General Counsel Jennifer Abruzzo’s […]

Rethinking Disability Hiring Practices in the Economic Aftermath of COVID-19

The latest data from the U.S. Bureau of Labor Statistics shows there are currently 8.1 million job openings. After record-high unemployment rates, that number should be a positive indicator of recovery, but it could create problems for employers if those jobs remain unfilled. HR professionals have pulled out all the stops to attract talent, yet […]