Most Popular

Americans With Disabilities Act: Court Explains Which Personnel Get Counted In Determining Whether An Employer Is Covered By The ADA

Deborah Wells was employed by Clackamas Gastroenterology Associates, a medical clinic and professional corporation with four physician shareholders and directors and another 12 to 15 employees. When Wells was terminated, she sued Clackamas under the Americans with Disabilities Act. The clinic responded that it didn’t have enough employees to be covered by the ADA. 400+ […]

Court Finds Used Car Salesman’s FMLA Claim No Laughing Matter

By Kelly Smith-Haley, JD “A used car sales manager walks into a hospital.”  No, that’s not the start of a joke. It’s the start of Terry Baier’s claim against his former employer, Rohr-Mont Motors, for violation of the Family and Medical Leave Act (FMLA). This recent case from the federal district court in Illinois reminds […]

retirement

Survey Cites Service Providers’ Uncertainty Over Fiduciary Rule, Next Steps

By Jane Meacham Retirement plan service providers likely will face the most need to change business models among those affected by the U.S. Department of Labor’s (DOL) final fiduciary rule issued in early April. Although adoption of the regulation is more than a year away, many respondents to an industry survey quickly registered confusion, and […]

Survey—Background Checks on Social Media? Policy Enforcement?

Policy Focus: Background Checks Multiple states and cities have enacted laws in recent months that govern the use of background checks, so this year’s survey takes a closer look at those policies. We kicked it off by asking how many survey participants have background check policies (74.4%) then moved on to ask how many apply […]

As End of DST Shifts Clocks Back, Avoid Wage and Hour Violations

The arrival of cooler weather heralds the end of daylight saving time and a potential Fair Labor Standards Act challenge for employers with employees who work a graveyard shift. This year, daylight saving time ends on Nov. 3, and most states will set the clocks back one hour beginning at 2 a.m. Employees working the […]

HHS: States to Determine Minimum Health Benefits Under Health Reform

There are 50 states and a few territories, and now there could be that many versions of essential benefit plans under federal health reform. That’s because the U.S. Department of Health and Human Services (HHS) is shunning a centralized approach to dictating “how much health coverage is enough;” that is, what needs to be covered […]

Ideas for Surviving Sitcom Purgatory

I feel like I’m trapped in sitcom purgatory, stuck between The Office episodes of yesteryear and the glorious Scranton Promised Land where James Spader reigns supreme as the new branch manager. If you are like me, and find the combination of August heat and reruns to be oppressive at times, I have the following suggestions. […]

‘The Perfect Performance Appraisal Form’

By BLR Founder and Publisher Bob Brady BLR practices what it preaches by adapting one of its own books (with a little help from Jack Welch) to evaluate its employees. You’ve heard of surfers whose lives revolve around finding the perfect wave, or the golfer in search of the perfect round? Well, one of my […]

Supreme Court Clamps Down on ‘Second Kicks at the Can’ in B.C. Human Rights Claims

By Clayton Jones and Derek Knoechel A growing frustration for Canadian employers is the need to defend against human rights claims arising out of the same factual circumstances in multiple forums. Discrimination claims that are presumptively dealt with by a labor arbitrator can resurface as virtually identical claims before a human rights tribunal. While most […]