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NAIC Delays Vote on Model Law Raising Stop-loss Attachment Points

A proposal to raise specific attachment points in a stop-loss model act to a level that proponents of self-funding say would restrict smaller firms’ ability to self-insure health benefits was delayed after an Aug. 11 debate hosted by the National Association of Insurance Commissioner’s ERISA working group. The working group cited the need to study […]

Sexual Harassment: Supervisor Fired For Crude Remark Wins $1.2 Million; When Can You Fire A Harasser?

Frank Lemon, the service manager for Fresno-based heavy equipment distributor J.M. Equipment Co., was fired without warning for making a sexually explicit remark to a female employee. Lemon sued, arguing that the company had until then tolerated a pervasive atmosphere of vulgar language and sexually charged conduct and that he was really terminated because J.M. […]

Court Rejects EEOC Guidance on Employee Alcohol Testing

An employer’s random alcohol testing of probationary employees did not violate the Americans with Disabilities Act, despite federal agency guidance to the contrary, a federal district court has ruled (Equal Employment Opportunity Commission v. United States Steel Corp., No. 10–12 (W.D. Penn. Feb. 20, 2013)). EEOC sued on behalf of a class of employees, arguing […]

Learning from tragedy–depression and mental health in the workplace

This past week, the entertainment world lost one of its best and brightest to an apparent suicide. Robin Williams, who brought laughter to so many for so long, took his own life at the age of 63. So much has been written about his talent over the past week that it’s difficult to understand or […]

EEOC Seeking Comment on Proposed GINA Regulations

The U.S. Equal Employment Opportunity Commission (EEOC) is in the process of finalizing regulations implementing the employment provisions of the Genetic Information Non-Discrimination Act of 2008 (GINA). The Genetic Information Non-Discrimination Act, signed into law in May 2008, prohibits discrimination by health insurers and employers based on people’s genetic information. The EEOC is to issue […]

Financial Education Offers Benefits to Employees, Employers Alike

“It’s no secret that the economy is weak, and individual financial security is top of mind for many workers—now is the time to educate employees about personal finance and financial well-being,” Jackson says. First-of-Its-Kind Award Inspired by a working group of the President’s Advisory Council on Financial Literacy, SHRM and the American Institute of Certified […]

Insights from the C-Suite

I’m Dan Oswald, president and publisher of M. Lee Smith Publishers, and the newest blogger on the Employment Law Post. My first posts appeared on the Human Resources News blog. Here’s a list of those posts. The Time for Bold Action Keeping Your Eye on the Ball Bad Economy No Excuse for Not Succeeding Keep Long-Term […]

Military Caregiver Certification—Almost the Same, But Not Quite

There are a lot of new twists to FMLA thanks to the new military caregiver leave. In today’s Advisor, we tackle the quirks in certification requirements. May we require certification for taking military caregiver leave? Yes. When leave is taken to care for a covered servicemember with a serious injury or illness, an employer may […]

DOL issues updated FMLA forms

by Amanda Shelby The U.S. Department of Labor (DOL) issues forms for employers to use in the administration of Family and Medical Leave Act (FMLA) leave. On the heels of the old forms expiring earlier this year, the DOL has issued new forms. The revisions update the expired forms to reference the Genetic Information Nondiscrimination […]

What To Pack for a Business Trip? Inhibitions

The more employees travel for business, the more exposure employers have – often with costly consequences. Businesses must be prepared for problems that might arise when male and female employees travel together, whether domestically or internationally. Contrary to popular belief, what happens in Vegas doesn’t really stay in Vegas – it gets told in court.