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Tip Nine: Find Patterns

-Look for obvious abuse patterns, such as the “Monday/Friday syndrome. You are entitled to ask for recertification of a claimed medical problem if “the employer receives information that casts doubt on the stated reason for the leave,” say the regulations. A Monday/Friday absence pattern is considered evidence to cast that doubt, and you can bring […]

Does Your Organization “GET IT”? How To Make Your Company “Cool”!

By Dr. Jan Ferri-Reed All we seem to hear in the news is the doom and gloom of unemployment and the continuation of the economic downturn in housing, industrial expansion and job growth.  On the other hand, there are still good news stories out there of companies that are expanding, hiring and growing.  And, even […]

ERISA Rules Do Not Forbid Dropping Fund Transfer Option, Another Court Finds

Eliminating a participant option to switch to a defined benefit plan from a defined contribution offering does not violate ERISA anti-cutback provisions, even if participants’ accrued — but unclaimed — benefits are reduced. The recent ruling in Andersen v. DHL Retirement Pension Plan (Case No. 2:12-cv-00439-MJP WL 5389141, U.S. Dist., Western District of Washington Nov. […]

The Problem with Traditional Employee Assessment Methods

Hiring new employees is expensive. Not only are time and resources spent during the actual search—job postings, interviews, etc.—but also onboarding staff takes time and resources. And, if the new hire doesn’t work out, the costs of turnover also become a factor.

Rules Describe How Employers Will Identify Full-timers through Job Changes

New guidance from the IRS proposes new approaches to the application of the look-back measurement method, which employers use to determine if an employee is full-time or part-time for purposes of the employer mandate. Notice 2014-49 covers situations such as when an employee transfers from a position (such as hourly) using one measurement period to […]

Employee Leaves: What Should I Do When Managers Don’t Want to Reinstate Employees Who Went Out on FMLA/CFRA Leave?

We’re having problems with people coming back from FMLA/CFRA leave. Two particular situations worry us. In one case, the manager says, “I’ve redistributed the work and there’s no job anymore.” And in the other, the manager says, “We’ve hired a temp who is much better—we don’t want the person back.” Don’t we still have to […]

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How to Get Candidate Feedback

Whether they were hired or rejected, talking to your job candidates about the entire recruiting process can help you to gain valuable insights into how the process looks from the candidate perspective. It can allow you to see trends and perhaps shed light on things the organization could be doing differently to improve the candidate […]

Nonreligious observance may require religious accommodation

by Maggie LeBato and H. Mark Adams Both federal and state laws prohibit employers from discriminating against employees because of their religion. The courts have further ruled that the prohibition against religious discrimination requires you to accommodate your employees’ sincerely held religious beliefs unless it would cause undue hardship to your business. You might assume, […]

Family and Medical Leave: New Ruling Strengthens Your Right to Terminate Employees Who Abuse Family Leave

Suppose an employee is on family and medical leave to care for an ill family member, but you discover they’re also using the time for their own recreation. Can you discipline or terminate the worker for misusing the leave? We’ll look at a new Cali- fornia appeals court ruling that gives you latitude to handle […]

New COBRA Notices You Must Use by 2/17

The American Recovery and Reinvestment Act of 2009 (ARRA) was enacted in February 2009. Among other things, the ARRA provides a COBRA premium subsidy for employees who are laid off or terminated. The subsidy requires employers to pay for 65 percent of a separated employee’s COBRA premium, which the federal government then reimburses to employers.