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3 Keys to Preventing Harassment: Training, Training, and Training

Yesterday’s Advisor presented four sexual harassment scenarios. Today, we’ll look at two more, and introduce an efficient training tool that will help you eliminate harassment and other employee behavior challenges. (Go here for the first four scenarios. The scenarios are from training programs in the BLR® Employee Training Center.) Jake P Scares Penny R Penny […]

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 […]

Maternity Leave: Arizona Employer Fails to Deliver

By Jodi R. Bohr, JD The Family and Medical Leave Act (FMLA) creates two substantive employee rights: (1) to use a certain amount of leave for protected reasons and (2) to return to her job or an equivalent job after using protected leave. Employers are prohibited from interfering with an employee’s substantive FMLA rights or […]

Sharing the pain: Do economic conditions count?

by Clayton Jones Does a poor economy mean a shorter reasonable notice period? Canadian employers often ask this question—particularly in cyclical industries. When assessing reasonable notice, courts will consider the employee’s position and responsibilities, length of service, age, and the availability of similar employment. Not only has it been unusual for courts to consider negative […]

OFCCP to issue proposed rule for federal contractors’ collection of comp data

by Federal Employment Law Insider The U.S. Department of Labor (DOL) has announced the issuance of the long-awaited proposed rule requiring federal contractors and subcontractors to submit an annual Equal Pay Report on employee compensation to the Office of Federal Contract Compliance Programs (OFCCP). The rule is scheduled to be published in the Federal Register […]

‘Unique Interactive Process’ Key to Appeasing EEOC on ADA

In yesterday’s Advisor, the Advanced Employment Issues Symposium panel offered tips for dealing with an increasingly aggressive Wage/Hour Division; today, the panels advice for dealing with ADA issues, plus an introduction to the leading all-HR-in-one website. EEOC is coming after anyone not using a unique interactive process, says attorney Stacie Caraway. They want to see […]

Work doesn’t pay anymore: IRS phases out tax credit for employees

The Making Work Pay Tax Credit won’t be available this tax season as the government limits tax deductions, write-offs and credits for 2011 and 2012. Also this tax season, the tax penalty for non-qualified distributions from HSAs and Archer MSAs is increasing. Employers should be aware of these and other changes, many of which are listed […]

Piece-rate Pay System Makes Class and FLSA Collective Action Infeasible, Says 7th Circuit

A class action allegation cannot succeed when each employee works a different schedule and has countless other fact-dependent duties and responsibilities. For one employer, thousands of employees with varied work schedules and pay rates could not demonstrate “class” status for Fair Labor Standards Act purposes. This was particularly true when the employees were paid on […]

The Top 5 Reasons Employers Should Offer an FSA

Flexible spending accounts (FSAs) are a common feature of employee benefit plans. But why would an employer offer an FSA plan to its employees? Well, it’s extra money in your workers’ pockets that you and your employees probably don’t want to leave lying on the IRS’ table. Karen Kirkpatrick, senior compliance adviser for Infinisource, explained […]

Workers’ compensation realities: Creating effective return-to-work programs

Whenever an employee has to miss work due to an injury that was covered under workers’ compensation, it is in everyone’s best interest to get the employee back to work as quickly as possible. Implementing a good “return-to-work” program allows employers to maximize employee productive work time by returning an injured or previously ill employee […]