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FMLA Substitution Rules: Not as Simple as They Seem

FMLA basics are confusing enough. And then each aspect—substitution, bonuses, holidays, etc.—seems to have its own tricky twist. Let’s let the “FMLA Bible” sort it out. Substitution Required? Notice Required Employees may choose to substitute accrued paid leave for FMLA, or the company can require it. (Many do.) However, it’s not quite as simple as […]

Fiduciary Liability Can’t Be Erased in Personal Bankruptcy, Court Finds

A recent Illinois federal bankruptcy court ruling is an important reminder to ERISA plan fiduciaries that violations of fiduciary duties under ERISA can result in personal liability from which Chapter 7 bankruptcy proceedings cannot protect the fiduciary. The case is In re John Dombek III, No. 11-40894 (Bankr. N.D. Ill. Oct. 16, 2012); In re John […]

Your Drug Policy and Marijuana Legalization

A number of states have various degrees of marijuana legalization. What does that mean for drug testing during hiring and other drug policy matters? Tim Thoelecke helps us find out. By Tim Thoelecke In fact, an estimated 23.9 million Americans currently use illicit drugs. Two-thirds of those are employed and may be working for you! […]

Criticism

Managing Employee Monitoring

In a previous post, we discussed some survey results from a recent Blind report, which showed that 25.8% of employees feel their employers go to unreasonable lengths to monitor their online activity. Blind also cited research from SAGE, which shows that two-thirds of employers utilize some form of electronic monitoring of employees.

Whistleblowing compliance officer: Trouble from within

Your company’s compliance officer — the person to whom you entrusted your confidential business information — alleges you wrongfully terminated her after she tried to prevent you from violating a federal law. This 8th Circuit opinion rules against the whistleblower in a case that is a fine example of internal breakdown handling a compliance complaint, and sparks […]

FMLA Leave HR Conundrums: Handling Suspected Fraud

FMLA leave provides enough regulations for HR to contend with—no one wants to add a fraud investigation into the mix. However, it’s an unfortunate reality that some employees try to abuse the system, especially when it comes to intermittent leave. What can an employer do when fraud is suspected? What Constitutes FMLA Fraud “What constitutes […]

What it takes to be an indispensable employee

by Dan Oswald The other day, a colleague passed along an article from Inc. magazine titled “35 Habits That Make Employees Extremely Valuable.” Whether you’re an employee trying to figure out how to make yourself indispensable to your employer or a manager looking for the right type of person for your team, this piece, written […]

Get Your Learners Moving During Training

Sharon Bowman, president of Bowperson Publishing & Training (www.bowperson.com) and author of Using Brain Science to Make Training Stick, gave trainers good advice yesterday, so we asked her another question: “Why is movement important during training, and how can trainers build movement into training sessions?” Bowman responds by reporting that brain research conducted in the […]

First Impressions

Litigation Value:  $0 Potential Savings:  $10,000 per retained employee Last night’s rerun didn’t offer much new, so we’ll fulfill our promise to revisit the second “Michael Scott Paper Company” episode. Michael crafted a deal to house his new company’s headquarters in a Dunder Mifflin closet. The dream team’s starry-eyed optimism soon wore off after Michael, […]