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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 […]
Fiduciaries of a major Western lumber producer’s group health plan have agreed to settle the U.S. Department of Labor’s (DOL’s) allegations that the plan violated claims procedure and other requirements of the Affordable Care Act (ACA) and the Employee Retirement Income Security Act (ERISA).
The issue of how employers should handle same-sex marriage got a bit murkier November 6 as a divided appeals court panel broke with rulings from four other U.S. circuit courts of appeals by upholding state bans on same-sex marriage. A three-judge panel from the 6th U.S. Circuit Court of Appeals issued the 2-1 decision, which […]
While some HR departments got through the past year relatively unscathed, many have had to conduct layoffs, keep employees happy when they haven’t had a raise in more than a year, and all while their own departments and budgets have been slashed. Each year, HRhero asks its readers about their HR departments and how they […]
IRS on July 9 announced that it intends to amend regulations to prohibit defined benefit retirement plans from replacing retiree benefits being paid through joint and survivor, single-life or other annuity benefits with lump-sum distributions or other accelerated payments. The change is effective immediately, IRS said. Notice 2015-49 will amend IRS required minimum distribution regulations […]
If you carry out misconduct investigations, how good should they be? As good as the jury thinks they should be, say today’s experts. And that better be pretty good, because juries expect a lot from HR. Most organizations are not particularly sophisticated in their investigation policies and procedures, say attorneys Michael Soltis and Allison Bogosian, […]
A federal jury in San Francisco has awarded $2 million to former Oakland police officer Janeith Glenn-Davis, who claimed she was passed over for promotion because she was pregnant. The damages included $150,000 in lost earnings plus $1.85 million for emotional distress and other damages.
We know that we’re supposed to make a “genuine” offer of employment before we require medical tests and so on. But what do we do when we are waiting for one more reference to come back or the results of a background check? (We can do the background check before the offer, right?) Do we […]
By Alix Herber and Keri Bennett Human Rights Tribunals across Canada are constantly expanding the interpretation of prohibited grounds. Ontario has recently joined Manitoba and the Northwest Territories and gone one step further by recognizing gender identity as a prohibited ground.