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Courts, Colds, and the FMLA

In yesterday’s Advisor, attorney Susan Schoenfeld briefed readers on the issue of colds, flu, and the FMLA. Today, what the courts have to say, plus a solution that may eliminate the problem—a corporate wellness program What the Courts Say At least two federal appeals courts have weighed in on the issue of flus and colds […]

The Amazon Example: Can AI Discriminate?

Instinctively, it would seem that using a machine, data, or artificial intelligence (AI) to review job applicants would create a process that is fairer by default.

Wage and Hour: Ninth Circuit Strips Insurance Adjusters of Big Award

The U.S. Ninth Circuit Court of Appeals, which covers California, has ruled that insurance adjusters for Farmers Insurance Exchange qualified for the administrative exemption from overtime, according to the standards under the federal Fair Labor Standards Act. In so ruling, the appeals court threw out a $52.5 million judgment awarded by a federal trial court […]

Scooter Store Failed to Accommodate Employee With Disability, Must Pay Him $99K

The Scooter Store will pay $99,000 to an employee whose disability it failed to accommodate, according to the U.S. Equal Employment Opportunity Commission. The company, a national retailer, refused to give an employee with psoriatic arthritis time off work and fired him. EEOC sued on his behalf alleging that the employer failed to accommodate his […]

How to Beat Rising Quit Rates

The growing economy and low unemployment rate have created an unfortunate side effect for many organizations—increasing employee turnover. In July, 3.58 million Americans quit their jobs, the largest percentage in 17 years, according to Labor Department data. The proportion of workers quitting their jobs, known as the quit rate, reached 2.4%. 

DOL Rule Would Authorize More Wage-and-Hour Scrutiny on HHAs

An industry that’s no stranger to government scrutiny and suspicion has the promise of more oversight … and costs. DOL’s Wage and Hour Division (WHD) recently proposed expanding the reach of its minimum-wage and overtime requirements to cover more home health care and other home care workers – the folks who work with the elderly […]