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Professor’s Biased Rants Not Unlawful Harassment

Latino employees at an Arizona community college were understandably offended when a professor broadly distributed e-mail messages exalting the “superiority of Western Civilization” and deriding the contributions of nonwhite immigrants and Native Americans. But did the professor’s messages create a racially hostile work environment? The Ninth U.S. Circuit Court of Appeals (which covers Alaska, Arizona, […]

DOL Issues Long-Awaited Proposed FMLA Regs

After many years of promising changes to the Family and Medical Leave Act (FMLA) regulations, the U.S. Department of Labor (DOL) last week issued new proposed regulations in an attempt to address some of the most common criticisms employers have about the previously issued final FMLA regulations. (You can view the proposed regulations at www.HRhero.com/fmla_update.pdf.) […]

Supreme Court Will Rule on Preemption of Vermont Health Reporting Law

The U.S. Supreme Court will decide whether ERISA preemption shields a self-funded health plan from state requirements to report health claims data. The court agreed June 29 to hear Gobeille v. Liberty Mutual Ins. Co. (2015 WL 2473478). The state of Vermont is appealing the 2nd U.S. Circuit Court of Appeals’ ruling in Liberty Mutual v. […]

Work-Sharing: An Alternative to Layoffs in Canada

By Katie Clayton and Cherity Smith Since the economic downturn took hold, each day brings another announcement of employee layoffs and corporate downsizing. Recent blog entries have looked at options such as layoffs, furloughs, and reducing hours of work. There is another option in Canada – work-sharing. What is work-sharing? Work-sharing is an adjustment program […]

Employer Reporting under Health Reform — How Much Is Too Much, IRS Wants to Know

Beginning in 2014, employers that sponsor health plans will have to watch closely if any employees qualify for a premium tax credit, triggered whenever the employer-sponsored coverage is unaffordable, or does not provide minimum value. On April 26, the IRS requested comments on how to determine whether a health plan provides “minimum value.” It did […]

Will You Pay a Penalty Under PPACA?

In yesterday’s Advisor, we offered Michael P. Aitken’s suggestions for employers reeling from the passage of the Patient Protection and Affordable Care Act (PPACA). Today, more of Aitken’s tips, and an introduction to an extraordinary policy development program. Aitken’s advice came during the Society for Human Resource Management’s (SHRM) recent annual Conference and Exposition in […]

Ubiquitous Affirmative Action Policy Is Unenforceable, Meaningless

Ubiquitous Affirmative Action Policy Is Unenforceable, Meaninglessby Kurt Ronn, president and founder, HRworks If a tree falls in the forest, and nobody is there to hear it fall, does it make a sound? If affirmative action regulations are so complex, so broad that they impact nearly everyone, so constantly changing that no one can keep […]

News Flash: New Affirmative Action Rules Coming

The U.S. Department of Labor, Office of Federal Contract Compliance Programs is expected to propose rules that will change how federal contractors write affirmative action programs. Currently, employers with more than 50 employees andmore than $50,000 in annual federal contracts must maintain affirmative action plans. The proposed changes will reduce contractor paperwork and streamline the […]

Paterno Responses Range from ‘Despicable’ to ‘Very Well Written’

Last week’s epinion by BLR CEO Dan Oswald concerning the Penn State and Joe Paterno garnered perhaps the widest variety of responses—pro and con—of anything we’ve written about. By Stephen D. Bruce, PHR Editor, HR Daily Advisor There was, however, one resounding commonality. Overwhelmingly, readers showed distain for the manner of Paterno’s termination—over the phone […]

Avoid the Hazards of E-Cruiting

Recruiting online is fast, easy, cheap, and even fun, but dangers lurk within. This article, and a special May 1 BLR audio conference, will teach you how to navigate around them. Have you done any e-cruiting lately? No, not recruiting. That’s old hat! E-cruiting. E-cruiting, of course, is the buzz word flying around HR these […]