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DOJ says Title VII doesn’t apply to sexual orientation discrimination

The U.S. Department of Justice (DOJ) has filed an amicus (friend-of-the-court) brief in a case in which an employee claims his employer violated Title VII of the Civil Rights Act of 1964 by discriminating against him based on his sexual orientation. The DOJ’s brief asserts that Title VII’s prohibition of sex discrimination does not extend […]

Health Insurance: Notification Mistake Leaves Employer on the Hook for Medical Bills; 3 Compliance Steps

A recent ruling illustrates that cutting corners in meeting your notice obligations under federal COBRA—the health insurance continuation law—can mire you in an expensive lawsuit and put you on the hook for someone’s medical bills. We’ll explain what happened and review some simple measures that would have kept this new case from ever reaching the […]

The Single Most Common—and Potentially Costly—Mistake Employers Make

By Stephen D. Bruce, PHR Editor, HR Daily Advisor What’s the most costly mistake manages and supervisors make? We found out at BLR’s Advanced Employment Issues Symposium (AEIS), where three top employment law attorneys took on the toughest questions of the appreciative audience. Participating panelists, all members of the Employers Counsel Network, were Molly DiBianca […]

COBRA

COBRA: Proper Mailing Procedures Trump Address Mistake

by Gwen Cofield Although an employer or plan administrator is not required to ensure actual receipt of the Consolidated Omnibus Budget Reconciliation Act (COBRA) notice, a good-faith effort to provide the COBRA notice must be made. Where an administrative error prevents the receipt of the COBRA notice, an employer or plan administrator can demonstrate good-faith […]

Short-Term Gain for Long-Term Pain?

There has always been a lot of focus on quarterly earning reports, but given the current economic environment, this corporate ritual has come under even greater scrutiny. Everyone is trying to read the crystal ball and figure out what every little detail means. Sales are down 30% when compared to the same quarter but are […]

WC Twist—It’s the Judge Who’s in Trouble

By: Elaine Quayle We at HRSBT often report on workers’ compensation scandals but have never yet reported that the scandal was about the judge. Well, man does bite dog! Media outlets report a WC judge in Oklahoma knew he was not being reappointed.  Contemplating being out of work, he met with an attorney for lunch […]

Discovery Is Dangerous—How to Reduce Liability

Discovery—the right of your employee’s lawyer to seek information from your company—has always been dangerous, and the advent of electronic communications has just made it that much worse. In today’s Advisor, attorney Jean Johnson offers suggestions for reducing liability This article focuses on the “request for production,” which is a request for documents and other […]

Daily Dangers in Development and Discipline

In yesterday’s Advisor, we hit several daily danger zones for managers and supervisors. Today, more danger zones, plus an introduction to a unique guide for HR managers in small—or even one-person—departments. [Go here for Danger Zones 1 to 5] Danger Zone #6: Managing Training and Development As far as training and development are concerned, avoiding […]

When the Offender Becomes the Plaintiff

Faced with racially motivated workplace killings, reporters from ABC’s Primetime Live sniffing around your facility, and a spate of race discrimination lawsuits, cracking down on racial harassment might be a good thing, right? Maybe so in some utopian world of rationality and logic, but we live and work “down the rabbit hole.” In our world, […]

Pennsylvania Employer Violates FMLA After Terminating Employee

By Gregory J. Wartman, Saul Ewing LLP A Pennsylvania federal court recently ruled in favor of an employee who was terminated after taking leave to care for her sick parents. The court ruled that an employee does not have to use magic language in requesting Family and Medical Leave Act (FMLA) leave and rejected the […]