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Election Day Brings Milwaukee Employees Sick Leave Benefits

While much of the focus on the recent election has been on the results of the presidential and federal and state legislative races, in Wisconsin, city of Milwaukee voters also passed a binding referendum creating an ordinance providing sick leave benefits for all employees working within the city. Effective immediately, the ordinance is being enforced […]

Some Things Stay the Same under the ADA Amendments Act

by Timothy F. Murphy This week, to review what has and hasn’t changed under the amended Americans with Disabilities Act (ADA), we’re taking a look at a disability discrimination cases that deals with essential job functions and reasonable accommodation. Determining the truly essential functions of a job is often at the heart of a disability […]

News Notes: Public Employers Have Flexibility In Granting Comp-Time-Off Requests

  The Ninth Circuit Court of Appeal has ruled that the federal Fair Labor Standards Act (FLSA) permits government employers a reasonable time of up to one year to grant an employee’s request to use accrued compensatory time off. The court held that the FLSA grants government agencies flexibility in scheduling compensatory time off and […]

Obesity: Big ADA Problem for Employers

by Jennifer L. Anderson A federal court in New Orleans recently paved the way for the Equal Employment Opportunity Commission (EEOC) to move forward with an Americans with Disabilities Act (ADA) lawsuit on behalf of a severely obese employee. Whether obesity is a disability under the ADA and what an obese employee must prove to […]

Employee Compensation: California Supreme Court OKs Bonus Deductions for Workers’ Comp Losses and Cash Shortages

In an important victory for employers that use bonus plans, the California Supreme Court has approved a retailer’s profit-based incentive plan that made deductions for a store’s workers’ compensation costs, cash and merchandise shortages, and other losses. In so ruling, the high court dismissed employee concerns that the plan violated various California wage and hour […]

Health Insurance: How To Comply With Complex Notice Requirements Under The New Health Insurance Portability Law-Part

The new Health Insurance Portability and Accountability Act of 1996 (HIPAA) is intended to make it easier for workers to retain health insurance coverage when they switch jobs, by limiting pre-existing medical condition exclusions. Recently, the federal government issued regulations spelling out your obligations under the law.

Once ‘Moore’ with feeling: ‘Twas the Month of December—Again!

by Vanessa L. Goddard ‘Twas the month of December, we’re early this year, To plan against surprises as Christmas draws near. In the past HR handled parties and drinking. “What could possibly happen?” you might be thinking. Our vets have come home this year—to their positions. We’ve worked with our employees’ many transitions. Taken care […]

Suit Seeking Plan Docs in Spanish Dismissed for Lack of Harm

A federal district court judge on Aug. 12 dismissed a suit by current and former employees of a Maryland construction company who alleged that the company failed to comply with ERISA disclosure requirements and to provide retirement plan documents upon request because the Spanish-speaking plaintiffs couldn’t understand the English documents. ERISA requires that plan sponsors […]

Public Comment Period Open on NLRB’s Union-Streamlining Rules

Earlier this week, we reported that the National Labor Relations Board (NLRB) has proposed amended rules that would streamline the union election process, making it easier for employees to unionize. The regulations, which appeared in Wednesday’s Federal Register, firmly divide the pro- and antiunion factions, being lauded by AFL-CIO President Richard Trumka as “a commonsense […]