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News Flash: Employee Claims He Lost Promotion Due To HIV Status

Vincent Fusco, an American Airlines ticket agent from WalnutCreek, has filed a discrimination lawsuit against the airline for allegedly testing him for HIV in a roundabout way and then withdrawing a promotion offer for a flight attendant position after finding out about his HIV status. Following several prepromotion medical tests, the airline allegedly asked Fusco’s […]

Rise in Mental Health Parity Enforcement Calls for Review of Plan Documents, Practices

By David Slaughter, JD, Senior Legal Editor Enforcement of mental health parity requirements is on the upswing, so plan sponsors and administrators need to be reexamining their plan documents and claims review processes for signs that mental health and substance use disorder (MH/SUD) benefits are being handled differently from other coverage.

Hot List: New York Times Bestselling Hardcover Business Books

The following is a list of the bestselling hardcover business books as ranked by the New York Times on August 30. 1. Delivering Happiness: A Path to Profits, Passion, and Purpose by Tony Hsieh. Lessons from business (pizza place, worm farm, Zappos) and life. 2. The Big Short: Inside the Doomsday Machine by Michael Lewis. […]

The FMLA Comes of Age: New Rights for Military Families

Employers have expand job protections for military members and their families who need time off, to comply with regulations finalized by the U.S. Department of Labor Feb. 5. Major provisions, which implement changes to the Family and Medical Leave Act, include: Defining a covered veteran, consistent with statutory limitations, as limited to veterans discharged or […]

Short Takes: Makeup Time

A few of my employees want to make up some time they missed, but the makeup time would end up being overtime, which I can’t pay. Is there a provision in the law that covers this situation?

NLRB’s GC Says McDonald’s on the Hook for Franchisee Violations as Joint Employer

McDonald’s parent company would be liable as a joint employer in any proceedings by the National Labor Relations Board on labor and wage violations at McDonald’s franchises, the NLRB’s general counsel said in a July 29 determination. The franchisees’ alleged violations of the National Labor Relations Act relate specifically to a spate of lawsuits filed […]

Democrats Introduce the Employee Free Choice Act

The Democrats blazed ahead into battle today (March 10) by introducing the much-anticipated Employee Free Choice Act (EFCA) in both houses of Congress. EFCA, which has been the subject of countless debates, is a controversial bill that would allow a majority of employees to form a union by signing card-check petitions. Under the Employee Free […]

Immigrant Workers: Supreme Court Says Employers Can’t Be Ordered To Pay Back Wages To Illegal Workers; Practical Impact

When the National Labor Relations Board determines that a worker’s firing violated federal labor laws, it generally orders the employer to reinstate the worker and pay back wages. But what if the worker wasn’t legally permitted to work in the United States in the first place? The U.S. Supreme Court previously ruled that the NLRB […]