Practical HR Tips, News & Advice. Updated Daily.
In exemption misclassification cases, damages can be huge, says attorney Susan G. Fentin, and lawyers are lining up to bring suits against your organization. Fentin, who is a partner in the Springfield, MA offices of labor and employment firm of Skoler, Abbot & Presser, P.C., is Associate Editor of the Massachusetts Employment Law Letter. She […]
By Diane M. Pietraszewski The Equal Employment Opportunity Commission (EEOC) recently issued two pieces of revised guidance focusing on the employment rights of disabled veterans under the Americans with Disabilities Act (ADA). One of the documents, titled “Veterans and the Americans with Disabilities Act: A Guide for Employers,” is directed at employers. The other document […]
The U.S. Supreme Court decided to hear a case to resolve whether an ERISA health plan can recover money it spent on a plan participant’s care from his or her personal injury settlement, even if the participant has already spent those particular funds. To settle this question, the Court granted certiorari March 30 in Montanile v. Bd. of Trustees […]
By Al Vreeland, JD, Lehr Middlebrooks Vreeland & Thompson, P.C. Since the Americans with Disabilities Act (ADA) was amended in 2008, the focus of ADA compliance has shifted from whether an employee has a disability (because everything now qualifies as one) to whether an employee’s disability can be reasonably accommodated.
In an important new development, the U.S. Supreme Court has unanimously ruled that when fiduciary misconduct diminishes the value of an individual account in a defined contribution plan, such as a 401(k), the harmed employee can sue for damages. In the past, courts have taken the contrary position that the federal employee benefits law only […]
Illinois’ same-sex marriage law, which was passed last fall, is set to take effect June 1. The new law will affect Illinois employers in various ways. Employers will need to treat same-sex spouses the same way they treat opposite-sex spouses. This will have ramifications for employer-sponsored health plans with spousal coverage and retirement plans. Also, […]
We’re having trouble getting our holiday pay policy clarified. If our employees don’t work on a holiday, they get paid straight time for their normal hours for the holiday. If they do work on a holiday, do they get time and one-half for the hours worked on the holiday plus the straight time holiday pay? […]
Confused about family leave certifications in California? If so, you’re not alone—they regularly trip up even the most experienced HR professionals. Read on for a quick rundown of what you need to know.
It takes a lot of time and effort to deal with Family and Medical Leave Act (FMLA) issues, especially intermittent leave, says HR Manager Barbara Dahlen. Her pragmatic approach works, although she says she’s "not the most popular person" in her workplace. Dahlen says she’s "not a lawyer and doesn’t play one on TV." But […]