Practical HR Tips, News & Advice. Updated Daily.
by Dan Oswald Against my better judgment, I’m going to address the tragic death of Michael Brown. Any time an 18-year-old boy dies, regardless of the circumstances, it’s a tragedy. And yes, I believe he was just a boy despite legally having reached adulthood. I have a son who is just months away from his […]
By Marie-Gabrielle Bélanger The purchaser of all the assets of a bankrupt business will be bound by the employment contracts of the bankrupt company and must therefore honor these contracts. So ruled the Court of Appeal of Quebec in a recent decision, Aéro-Photo (1961) Inc. c. Raymond (available in French only).
Can an employer require an annual physical in order to sign up for the employer-sponsored health plan?
In yesterday’s Advisor, consultant Andrew Botwin offered tips on “getting a seat at the table.” Today, his tips for communicating with the C-Suite, plus an introduction to Wage & Hour Compliance: Practical Solutions for HR. “How the hell can you communicate if you refuse to talk to people?” Consultant Andrew Botwin quoted auto industry icon […]
by Gesina M. Seiler The implementation of the Affordable Care Act’s (ACA) tax credit for employers with fewer than 25 employees and the looming requirement that large employers (those with 50 or more full-time-equivalent (FTE) employees) provide affordable health insurance to their full-time employees or pay a penalty have resulted in some employers trying to […]
With more companies turning to temporary and leased employees to meet staffing needs, some tricky legal issues can come up. For example, employees are only eligible for family leave after they’ve worked for you for 12 months. But what if a person spent some of that time as a temp through an employment agency? According […]
The Internal Revenue Service (IRS) has issued the long awaited notice of proposed rulemaking on Employer Shared Responsibility for Healthcare—better known as Play or Pay—that takes effect on January 1, 2014. The IRS has also issued a Q&A on the requirements of the proposed regulations, says BLR® Senior Legal Editor Martin Simon, JD. In the […]
ERISA can be the key to upholding benefit decisions based on plan language before money is paid, but it may be far less helpful once overpaid money goes out the door, particularly when the plan is indemnity-based with no provider contracts. This situation became evident in Int’l Longshore & Warehouse Union v. Sharp Surgery Center, […]
by Peter D. Lowe and Connor Beatty On Thursday, January 30, Maine’s Supreme Judicial Court issued a groundbreaking and controversial decision. The Law Court ruled that a school district discriminated against one of its students when it told the student she couldn’t use the female restroom because she is transgendered. Although this decision directly affects […]
Is it possible to craft a medical marijuana policy that keeps everyone safe yet is non-discriminatory? This is a central concern for employers as more and more states allow legal medical marijuana use. Employers want to keep a safe working environment, free from concerns of impaired individuals in safety-sensitive positions. However, where is the line […]