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Managing the FMLA/CFRA Nightmare

Ask most HR managers what their biggest hassle is, and about 90 percent say “FMLA.” From eligibility to notifications to managing intermittent leave, it’s an ever-present problem. Additionally, the family leave laws are also widely abused. However, the good news is that abuse can be tamed to some extent, says attorney Nancy M. Cooper. Cooper, […]

Ain’t No Business Like Snow Business

Litigation Value: Not much, yet; but, potentially millions if Dwight goes on a murderous rampage. Is hurling snowballs really that big a deal?! Last week, it was the Cincinnati Bearcats mascot; this week, it’s Dwight Schrute and Jim Halpert — one gets arrested, the other two undergo corrective counseling. Having already addressed the tribulations of […]

ADA Compliance and Recruitment: Well-trained Managers Are the First Line of Defense

The Americans with Disabilities Act prohibits employers from discriminating against people with disabilities or even asking questions that could influence an employment decision. Employers can avoid legal problems by training managers on what they can and can’t ask during the hiring process. Before making a conditional offer of employment, an employer may not ask any […]

Hospital Authorities Treat People But Are Not ‘People’ Themselves

In a recent decision, the California Supreme Court takes an in-depth look at legislative history to dissect whether a county hospital authority entity can be liable for meal and rest period violations under the labor code and whether they can be considered “persons” subject to California’s Private Attorneys General Act (PAGA) penalties. In short, they […]

Wage and Hour: Do I Have to Pay for Time Employees Spend Going Through Security Screenings and Changing Clothes?

Many of our employees have to spend time at the workplace before and after their actual work. They have lengthy security checks, protective equipment that must be donned, and then a 15-minute ride to their workstations. The employees are saying that they should be paid for all this time, but I don’t think so because […]

Legal knots untied: Same-sex marriage soon to be lawful in Florida

by Robert J. Sniffen and Jeff Slanker Effective January 6, 2015, same-sex marriage will be lawful in Florida. On December 19, 2014, the U.S. Supreme Court declined to extend the postponement of a federal district court’s decision that Florida’s ban on same-sex marriage was unconstitutional. The district court judge postponed his order until January 5, 2015, […]

Record Number of Companies Earn Perfect Score from Human Rights Campaign

A record number of the nation’s major companies and law firms are advancing policies and practices to protect lesbian, gay, bisexual, transgender, and queer (LGBTQ) workers around the world, according to the 2018 Corporate Equality Index (CEI) from the Human Rights Campaign (HRC) Foundation, the educational arm of the nation’s largest LGBTQ civil rights organization.

More Safety Training Q & As

Q. We have a safety meeting that all employees attend. Are the hours attending the safety meeting considered "hours worked" for overtime purposes? A. Training programs conducted during regular working hours constitute work time and must be compensated as such, according to the federal Fair Labor Standards Act (FLSA). After-hours training need not be compensated […]

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Making Generational Assumptions

Generational traits are characteristics common to people born during certain time periods. These traits do not, however, hold true for every individual—or every job candidate.