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Determining FMLA Eligibility: Impact of Supreme Court’s 2015 Same-Sex Marriage Decision

In the case of Family and Medical Leave Act (FMLA) leave to care for a family member, once the employer has determined whether an individual employee is eligible for FMLA leave, many times the next hurdle is determining if the family member is covered by the FMLA. This determination has become somewhat more complicated as […]

Changes coming to union certification process for federally regulated employers

by Daniel Mayer On June 16, important changes regarding union certification and decertification for federally regulated employers in Canada will come into effect. The federally regulated sector includes interprovincial and international transportation companies, airlines, railways, banks, and employees who work for the federal government.

Managing The Workplace: Court Clarifies When You’re Protected From Being Personally Sued For Termination Decisions

If an employee is “at-will,” it usually means you can discharge the person at any time for any lawful, non-discriminatory reason. But what if a manager is motivated by improper, though not illegal, personal concerns when recommending an employee be fired? In a new decision, the California Court of Appeal has ruled that as long […]

Resuscitate COBRA Premium Subsidies to Help Unemployed, Commonwealth Fund Says

In the waning days of the COBRA premium subsidy, The Commonwealth Fund is calling for the program to be resuscitated as a way to help unemployed and uninsured workers until health care reform is fully implemented. In an Aug. 24 issue brief,  the Fund noted that “the worst economic downturn since the Great Depression has […]

Finding Hidden Gems and Assessing Their Fit

In part one of this article, we looked at the concept of passive candidates, as well as some broad approaches to finding great talent. Today we’ll look at how to find quality candidates and see if they will complement your organization.

Employee Exemptions: Appeals Court Limits the Administrative Exemption

The federal Fair Labor Standards Act (FLSA) and California law exempt certain administrative employees from overtime; the requirements for the administrative exemption under California law are stricter than the FLSA. To qualify for this exemption in California, an employee must: 1) earn a salary equal to at least twice the state minimum wage; 2) perform […]

IRS Gives 403(b) Plans More Time to Get Pre-approved, Expands Eligibility

After hearing concerns from the retirement plan industry, the IRS issued modifications on March 25 to its pre-approved program for 403(b) plans, in Revenue Procedure 2014-28. These welcome changes will provide another year — until April 30, 2015 — to apply for the program and will increase the number of entities that can take advantage […]

4 Things You Need to Know About Employing Immigrants in the U.S.

Organizations of all shapes and sizes have been hiring immigrants from hundreds of different countries for various types of work for centuries. And right now, immigrants make up about 17% of the entire U.S. labor force, with most immigrants (both documented and undocumented) finding jobs in domestic-related, service-related, construction-related, and farming or agricultural fields.  

When is it OK to stereotype?

by Mark Schickman We are a country that is properly committed to judging people based on their individual qualifications and not stereotypes about their groups―race, gender, age, or ethnicity. One seldom sees articles suggesting that any one category makes a better executive than another. The one exception is the never-ending stream of articles that say […]

The Most Common Workers’ Comp Red Flags: Part 1

Have you ever gotten the feeling that an employee claiming workers’ comp wasn’t really injured, or wasn’t really injured on the job? Here’s a list of “red flags” to watch out for, courtesy of Cathy Divodi of Artemis Claims Consulting in Santa Rosa. Divodi spoke at ERI’s recent 2008 California Employment Law Update conference in […]