Most Popular

New FMLA Certification Forms Available

The U.S. Department of Labor (DOL) has released new certification forms for leave under the Family and Medical Leave Act (FMLA). The new forms carry an expiration date of February 28, 2015, and replace forms that had a December 31, 2011, expiration date. The new forms appear to be identical to the old forms except […]

How To Avoid Termination-Related Lawsuits

Terminated employees will rarely bow out gracefully and say, “Yes—I completely understand why you’re making this decision.” Best-case scenario, they go quietly. Worst-case scenario, you wind up defending a nightmare lawsuit. Ill-considered and hasty terminations are particularly problematic. They spell lawsuit time and time again. Yet most of those lawsuits are avoidable — if you […]

Strong Documentation Defeats Employee’s ADA, ERISA Claims

Good recordkeeping and documentation is key in defending employment discrimination claims, a recent court ruling illustrates. An employee terminated for performance problems alleged that he was fired in violation of the Americans with Disabilities Act, because of his wife’s disability. The employer, however, produced evidence showing that: (1) the employee’s performance was subpar; (2) he […]

Employers in Tax-break Pilot May Offer myRA Accounts by Late 2014

Employers may not feel much of an administrative burden from the new “starter” retirement savings accounts announced Jan. 28 in President Barack Obama’s State of the Union address, but those opting to participate should be prepared for employees’ questions about the My Retirement Account or “myRA” program ahead of its launch late this year. While […]

Comment period on $10.10 minimum wage rules ends July 28

by Rachael E. Luzietti The comment period for the proposed rule to implement President Barack Obama’s Executive Order to raise the minimum wage for employees working on government contracts ends July 28. Those interested in having their voices heard should submit comments at www.regulations.gov. In February, Obama issued Executive Order 13658, which mandates a minimum […]

Sexual Harassment: California’s High Court Affirms Automatic Liability for Harassment by Supervisors, But Employers Can Take Steps to Limit Victim’s Damages

In a new ruling, the California Supreme Court has affirmed employers are automatically liable for sexual harassment committed by supervisors, but damages for an employee who doesn’t take reasonable steps to avoid or report supervisor harassment can be reduced. We’ll examine the new case and suggest smart employment practices that can help you limit damages—and […]

Disaster and Recovery in Tennessee

Last weekend, we experienced one of the worst disasters ever to hit Middle Tennessee as historic floods ravaged the state. M. Lee Smith Publishers, the company that produces HR Hero and other HR products including the state Employment Law Letters, is headquartered in Brentwood, Tennessee, just south of Nashville. On May 1 and 2, record […]

AI Not Living Up to Promise of Less-Biased Recruiting

One of the factors often cited as contributing to racial and gender disparities in the workplace is discrimination in the hiring process. This could come in the form of explicit discrimination against women or people of color by a hiring manager.

NLRB nominees face opposition during Senate committee hearing

On May 16, President Barack Obama’s nominees to the National Labor Relations Board (NLRB) went before the Senate Health, Education, Labor and Pensions Committee, and the two nominees who were selected as recess appointees in 2012 failed to impress the committee’s ranking member, Senator Lamar Alexander. Alexander (R-Tennessee) said he would oppose the nominations of […]