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What, That Was a Request for FMLA?

Biggest Failure The biggest problem with FMLA is frontline supervisors who have heard clear notice of the need for FMLA, but who didn’t understand what it meant or what to do, says Attorney Tam Yelling Training is, of course, the answer. Supervisors and managers need to be trained that requesters don’t need to use any […]

Religious Discrimination: Ruling Examines Whether Seniority System Must Give Way To Accommodation Requests When Religious Attire And Dress Codes Clash

If an employee tells you that a religious belief prohibits them from working on certain times or days, you usually must try to accommodate the person unless it would be an undue hardship. But what if your workers’ schedules are set by a seniority system? Do you still have to make a special accommodation for […]

Court Questions Horton Decision in Light of D.C. Circuit Ruling

Properly executed arbitration agreements can prohibit employees from bringing Fair Labor Standards Act collective actions in some federal courts. This is despite a National Labor Relations Board decision holding that mandatory arbitration for employment disputes violates the National Labor Relations Act, a federal district court has ruled. In doing so, the court joined other courts […]

FMLA Changes: What You Need to Know—and Do

Yesterday we looked at some of the important changes in the new Family and Medical Leave Act (FMLA) regulations, particularly revisions to the employer and employee notice requirements. Today we’ll look at some other important changes, and at a new audio conference that will get you ready for the January 16 effective date. Certification Among […]

Appraisals—Lots of Work, Any Benefit?

Appraisers and appraisees alike complain about performance evaluations. They’re a lot of work; they generate a lot of discomfort; and they don’t always produce a clear benefit. In today’s issue, step-by-step recommendations from BLR’s editors. 1. Get the Employee Started. Set a meeting date, and give the employee his or her self-appraisal materials well ahead […]

Employment Law Tip: Put It in Writing— Or Face the Consequences

Many employers cite employees for violations of “unwritten” company policies that are enforced but not clearly set out in an employee handbook or other well-publicized document. This can be a big mistake. Your supervisors may feel comfortable telling employees that “this is a long-standing unwritten rule” or “just the way things have always been done,” […]

Congress Sees Self-funded Health Plans’ Financial Strength

Companies that self-fund health benefits are larger than companies that fully insure health benefits and their solvency is just as good as companies that fully insure, a government report required by the health reform law indicates. The reform law requires reports on the prevalence, solvency and quality of self-funded plans, with the stated goal of […]

Severance Pay: Court’s Ruling that Severance Package Wasn’t an Employee Benefit Plan Has Expensive Consequences for Employer

A new federal court case involves an all-too-familiar scenario. An employer acquired a new business and had to terminate the old workforce. The employer, however, needed to keep some workers around for a few months, so it offered them a severance deal. But when the employer later tried to change the severance terms, it found […]