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EEOC Issuing Long-Awaited ADA Regulations

By David S. Fortney, Editor Federal Employment Law Insider Fortney & Scott, LLC More than two years after the ADA Amendments Act (ADAAA) went into effect, the Equal Employment Opportunity Agency (EEOC) is finally issuing regulations interpreting the law’s requirements. The regulations provide crucial information for employers who, for the past two years, have struggled […]

How Should Reference Requests Be Handled?

Reference requests have come under scrutiny in recent years. This because negative references can be deemed an adverse employment action—and thus set the stage for a retaliation claim. On the other hand, even a good reference could be problematic. For example, if a good reference is given for an employee who was terminated due to […]

U.S. Supreme Court Building

What the Supreme Court’s Upholding of the PPACA Means for Employers

By Jacqueline R. Scott, David S. Fortney, and Cynthia Ozger-Pascu Fortney & Scott, LLC In a historical ruling, the U.S. Supreme Court has upheld the significant healthcare reform provisions in the Patient Protection and Affordable Care Act (PPACA), enacted by Congress in 2010 in a sharply divided vote along partisan political lines and subsequently challenged […]

What to Do When Investigation Implicates HR?

One of the trickiest moments in HR is when your investigation shows that your department is implicated. In today’s Advisor, Denise Kay, Esq., tackles that challenge, and we get a look at a special program just for smaller HR departments. Kay, who is SPHR certified, is president of Employment Practices Solutions, Inc., in Lakewood, Colorado. […]

Vacation season—a time to relax and recharge or a time to keep on working?

Summer—traditionally a time when workers schedule time off and plan trips to exotic or relaxing locales—may have entered a new era. It’s an era of contradictions: As some studies show workers value generous paid time off policies, others indicate that employees are increasingly willing to leave their hard-earned time off on the table.  Some workers […]

NLRB adopts ‘quickie election’ rule

by Tammy Binford The National Labor Relations Board’s (NLRB) decision to adopt a rule speeding up union representation elections continues to draw fire, as opponents of the change consider legal options. The Board’s action, announced on December 12, represents the second time the controversial regulation—dubbed the “quickie” or “ambush” election rule by detractors—has been advanced. […]

Wellness: The Other Big Trend in Health Plans

More and more companies are finding that the way to cut their health insurance costs is to develop wellness plans to keep employees from getting sick in the first place. A new BLR book and audio conference will inform you about these programs … or help you set one up. Yesterday’s Advisor informed you of […]

Variable Pay—What’s Working? What’s Not?

Please participate in our brief survey and see how what you are doing stacks up against what other successful companies are doing. We’ll get answers to these questions and more: Who’s providing what incentive pay types for which employee groups? How effective is each type of variable pay at motivating employees? What are the three […]

Compensation Litigation: Plaintiffs’ Attorneys Are Figuring It Out

FLSA litigation is heating up, and partly for that reason, it’s low-hanging fruit for plaintiffs’ attorneys. Brinkerhoff, who is an associate in the law firm Holland & Hart LLP in Las Vegas, offered tips on wage/hour compliance at the Advanced Employment Issues Symposium, held recently in Las Vegas. To add insult to injury, about 50 […]

Fitbit Hopping aboard the HIPAA Bandwagon

You’ve probably noticed more and more employees sporting Fitbit devices lately—wearable gadgets that track everything from steps to sleep time to heart rate and more. As with almost anything that tracks personal health-related data, however, the Health Insurance Portability and Accountability Act (HIPAA) comes into play.