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FMLA Retaliation or Unauthorized Use of Vacation Time?

By Shane A. Zahrt, JD, Felhaber Larson An employee claimed she was terminated by her employer for taking time off under the Family and Medical Leave Act (FMLA) to cope with a back injury. Her employer blamed the termination on her unapproved use of vacation days. Read on to see how a federal judge used […]

The HOT LIST: New York Times Bestselling Business Books

The following is a list of the bestselling hardcover business books as ranked by the New York Times on November 5. 1.  The Age of Turbulence, by Alan Greenspan. The former Federal Reserve Chairman’s memoir. 2. Basic Black by Cathie Black. The president of Hearst Magazines provides advice for achieving success and balance in life. […]

ACA’s Automatic Enrollment Provision Repealed

One of the Affordable Care Act’s many (many) provisions required employers with 200 or more employees to automatically enroll employees into the employer’s lowest-cost healthcare plan if employees failed to either select a plan or opt out of coverage. That provision had not yet gone into effect, however, as enforcement was on hold pending the […]

Despite Senate passage, ENDA faces another hurdle

by Tammy Binford Although the U.S. Senate voted in favor of the Employment Non-Discrimination Act (ENDA) on November 7, final passage of the bill, which would prohibit employers from discriminating against employees and applicants based on their sexual orientation and gender identity,  faces an obstacle in the House. The Senate voted 64-32 to pass the […]

That Fevered Night

Litigation Value: Not much on the employment law front. But, for many of our readers in Central Daylight Time (you know who you are), the goings-on during — and especially after — the most recent airing of The Office might have given rise to at least the kernel of an emotional distress claim. Allow this week’s […]

Nine Ways NOT to Hire the Brightest and the Best

Hiring is such a critical role for managers and supervisors, yet many of them take a casual or mistaken (read legally dangerous) view of the job. In today’s Advisor, we share a few of the worst interview approaches we’ve come across. 1. Great Interview—Fascinating Person We had great rapport—we talked baseball (she’s also a Sox […]

Exercise Caution When Hiring Teams

In yesterday’s Advisor, we discussed the idea of hiring entire teams instead of individuals. We outlined some of the possible benefits of doing so including increased likelihood of collaboration and less time to full productivity. Today, we’re taking a look at some of the potential drawbacks of this hiring method.

Surviving an OSHA Inspection

by John Hall When your friendly Occupational Safety and Health Administration (OSHA) inspector comes a-knockin’, it’s usually too late to get your house in order. Here are some dos and don’ts to prepare you for an OSHA inspection and minimize your chances of citations. Preparation is your best defense Don’t wait until OSHA is at […]

Look out―here comes GINA!

by Craig L. Olivo and Hilary L. Moreira The Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating in any term or condition of employment based on employees’ or applicants’ “genetic information.” It also prohibits you from requesting, requiring, or purchasing genetic information (with narrow exceptions). GINA was passed by Congress out of concern that […]

Bagel, Anyone? HR Pro’s Tips to Improve Employee Engagement (Video)

Andrew Botwin explains that “engagement” at Rothstein Kass means employees getting involved. The national accounting firm uses feedback from employee focus groups to make changes that employees can see. He also recommends adding a social element to official functions to keep employees engaged. That can be something as simple as bagels at a morning meeting […]