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Family and Medical Leave: Supreme Court Says State Employers Can Be Sued for FMLA Violations; Little Impact in California

In recent years, several U.S. Supreme Court rulings have barred employees from suing states under a variety of federal employment statutes, including the Age Discrimination in Employment Act and the Americans with Disabilities Act. But a new high court ruling gives state workers a victory, finding they can sue their employers for violating the Family […]

IRS Details Procedures for e-Filing Hardship Waivers

IRS on Sept. 14 released a new revenue procedure guide for retirement plan administrators seeking to avoid filing certain annual forms electronically, usually for economic hardship reasons. The changes are most likely to apply to small plans. In Revenue Procedure 2015-47, IRS provided some clarity on when some filers can continue using paper to submit […]

Monitoring the Use of Electronics? Privacy Alert!

Yesterday’s Advisor covered technology policies in general. Today we look at a narrower area—electronic monitoring—and provide an audit checklist to help you avoid expensive privacy lawsuits. Employers have many good reasons for monitoring employee activity, but they should always remember that there are legal issues involved, with privacy being the most prevalent. In general, says […]

When Hiring Slows, Hiring Claims Climb

It’s no secret that it is hard to find work in today’s economy. As a result, rejected candidates are more likely to put up a fight—and file lawsuits—says attorney Sandra Rappaport. So it’s more important than ever for interviewers to do everything right. It may seem like easy times for recruiters, but there’s a catch—rejected […]

Wal-Mart Pharmacy Sued over Refusal to Hire Rehabilitated Addicts

Wal-Mart is facing a class action lawsuit alleging that its refusal to hire pharmacists whose licenses have been suspended violates the Americans with Disabilities Act. Wal-Mart recently implemented a policy of firing and refusing to hire pharmacy employees who have any history of adverse action against their licenses by a state pharmacy board, the suit […]

Turn Your Supervisors into Team Leaders

In a recent survey, employees saw their workplaces sadly lacking in organizational teamwork. Here are some ideas from a new BLR audio training program that your supervisors can use to build effective teams.  Regular Daily Advisor readers know that we’ve recently been heavily involved in a project called the National Employee Attitude Survey (NEAS). The […]

Work for a Client Can Still Meet FLSA’s Administrative Exemption, 3rd Circuit Rules

Does an employee “assist in the running or servicing of the business” if he designs systems for a client rather than for the business itself? According to a recent ruling from the 3rd U.S. Circuit Court of Appeals, the answer is “yes,” thereby helping the employee satisfy one of the key requirements for the administrative […]

Avoiding a Clash Over FLSA Contractor Classifications

Before they find themselves under a wage enforcement microscope, employers need to be aware of potential problems and misclassification errors when designating workers as independent contractors instead of standard employees. The U.S. Department of Labor has had the misclassification of workers squarely in its cross hairs for a while. In particular the designation of “independent […]

Is Your Photocopier a Security Risk?

Your new copying machine may be keeping copies of records that have been scanned into the copier’s hard drive. You can’t access those records directly, but someone could remove the drive and copy your confidential records.