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FMLA Retaliation: Employment Action Must Cause Actual Harm, Court Rules

By Martin J. Regimbal, JD, The Kullman Firm In a recent decision, the U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) addressed an employee’s claim of retaliation under the Family and Medical Leave Act (FMLA). The employee alleged a litany of purported adverse actions, but she provided no evidence that the […]

NLRB Gives Big-box Retailer Bad News About Social Media Policy

In recently finding that the social media policy of Costco Wholesale Corp. violated federal labor law, the National Labor Relations Board took its scrutiny of such employer policies to the next level: This the first time that the full board has ruled on the issue. And the NLRB decision was merely based upon what the […]

News Flash: San Francisco Supervisors Pass Weight And Height Bias Law

The San Francisco Board of Supervisors has voted unanimously to enact a new law banning discrimination in employment and housing on the basis of weight and height. Mayor Willie Brown is expected to sign the law, which will then take effect in 30 days. Under the new rules, businesses that contract with the city and […]

An Invitation to Share Your E-Pinion with a Few of Your Colleagues (About 155,000, Actually)

How many times have you had strong feelings about something in HR that you wanted to share with your colleagues? Well, here’s your chance to do it. If you’re a regular reader of this column, you know it’s usually written by BLR’s founder and CEO Bob Brady. Bob’s “e-pinions” have crisscrossed the wide world of […]

Military Pay: How to Treat USERRA Pay from a Tax Perspective

I’m concerned about conflicting information we’ve received from the IRS and our legal counsel regarding how the USERRA (Uniformed Services Employment and Reemployment Rights Act) pay differential (pay difference between military pay and the employer’s pay) should be treated from a tax perspective. Do we report these payments on a 1099-MISC or on a W-2?

EFCA: The Saga Continues, As Does the Misinformation

Through the first part of the summer, there were no major developments regarding the Employee Free Choice Act (EFCA). Essentially, both sides were maintaining the same positions. There have been, of course, occasional releases of “studies” and proposals by ostensibly neutral parties, but those volleys were the political equivalent of random shots exchanged by military […]

HRAs Not the Only Way to Start a Wellness Program

Health risk assessments and biometrics, while an important source of wellness data, are not always the best place to start when implementing a wellness program, a wellness expert said in a Thompson Interactive webinar. “Think through your culture and what you’ve been doing,” said Brad Cooper, CEO of US Corporate Wellness. Many companies started with […]

BusinessWeek’s Bestseller List

BusinessWeek ranks business books that are the most recent bestsellers and provides a short summary. 1. StrengthsFinder 2.0: A New and Upgraded Edition of the Online Test from Gallup’s Now, Discover Your Strengths by Tom Rath. Are you unsure where your true talents lie? Do you feel that you are both a person who gets […]

These Policy Entries Make FMLA Manageable

In yesterday’s Advisor, attorney Stacie Caraway covered requirements for FMLA policies. Today, more recommended policy requirements, plus an introduction to a special checklist-based audit system for HR departments. Caraway is a member of Miller & Martin PLLC in Chattanooga, Tennessee. Her remarks came at BLR’s Advanced Employment Issues Symposium, held recently in Nashville.  [Go here […]