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The Why, When, Who and How of Social Media Background Checks

In yesterday’s Advisor, attorney Eric Meyer covered legal challenges related to social media background checks. Today, his take on managing such checks, plus an introduction to a unique 10-minutes-at-a-time training program for supervisors and managers. In an interview, you have at least some control, but when you go online, you have no control over what […]

Self-Audits—Dangerous Documents of Self-Incrimination?

Regular examination of HR practices is critical to ensure compliance and to minimize exposure to very expensive lawsuits. But it’s risky business. Collecting data about your workplace is an important part of HR management. For example, employers may want to scrutinize whom they classify as exempt, or may simply want to know how the organization […]

Outed Vets Get Benefits for California Domestic Partners

By Jennifer Barrera The Commission on the Status of Women is a state agency founded in 1965 to study issues affecting women and to advise the California Legislature and state agencies on inequities in laws, practices, and conditions that affect women. The commission asked the California attorney general to respond to two inquiries regarding the […]

‘Qualifying Exigency’—Military FMLA Clarified

"Qualifying exigency"—one of two types of military FMLA leave, and one of those great regulatory terms that gives the illusion of clarity but is hard to pin down in the real world. The FMLA allows qualified employees with family members actively or formerly in the military to take leave under two circumstances: qualifying exigency (we’ll […]

Prepare Employees for the Ebola Threat

  CDC’s recommendations focus on the healthcare setting, but some of the information may still be valuable to your organization. We’ve also included a link to CDC’s Ebola website at the end of this article. Patient placement Single patient room (containing a private bathroom) with the door closed Facilities should maintain a log of all […]

Are Your Employees Prepared for Virtual Training?

When making the move to virtual training, “we, as trainers, often get caught up with what we need to do to prepare,” says Cindy Huggett, training consultant and author of Virtual Training Basics (www.cindyhuggett.com). However, it is important to keep in mind that, while virtual training is a new way for trainers to train, it […]

Employer Owes Employee an Effective Fix, Not His Preference

Employers are not required to grant an employee’s desired accommodation, the 2nd U.S. Circuit Court of Appeals has confirmed. Instead, they need only provide one that is effective. The court reached that conclusion in Noll v. IBM, No. 13-4096-cv (2nd Cir. May 21, 2015) when it determined that IBM had accommodated a deaf employee by […]

Pennsylvania: FMLA Settlement Proceeds Not Subject to Federal Tax Withholding

By Gregory J. Wartman A Pennsylvania federal court has ruled that an employer doesn’t have to withhold federal payroll taxes from a settlement payment resolving a discrimination claim under the Family and Medical Leave Act (FMLA). The court reasoned that because the FMLA settlement proceeds weren’t wages, they weren’t subject to federal withholdings.

Employer Denies FMLA Leave Based on Certification Technicality

By Shelley I. Ericsson, JD The purpose of the FMLA is to allow an employee to manage a serious health condition (his own, a spouse’s, or a family member’s) without fear of losing his job. An employer cannot interfere with an employee’s FMLA rights or take action that appears to be penalizing the employee for […]