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News Notes: COBRA Notice To Employee Must Also Go To Spouse

Employers with 20 or more employees who provide health benefits must notify terminated workers of their continuation rights under COBRA. But a new federal appeals court ruling has confirmed you’re required to separately notify the employee and the worker’s spouse of their COBRA rights.7 To protect yourself, Ina Potter, a partner with the San Francisco […]

HHS Indicates CLASS Act Not ‘Viable’

The Obama administration’s health care reform legislation suffered an apparent casualty last week when the U.S. Department of Health and Human Services (HHS) indicated it wouldn’t pursue implementation of the Community Living Assistance Services and Supports (CLASS) program (also known as the CLASS Act). In a letter to the U.S. Congress about the CLASS Act, […]

Holiday Parties Are All the Rage in 2005

According to a new survey by HR consulting firm Hewitt Associates, almost three-quarters (74 percent) of employers are planning to host a party for employees this holiday season. Twenty-seven percent of these employers plan to spend $5,000 or less on their parties, 30 percent will pay between $5,000 and $20,000, and 15 percent will spend […]

Employment Law Tip: Reviewing Your Vacation Policy

It’s that time of year when vacations are in full swing, and maybe all the overlapping vacation requests and questions about how vacation works have exposed some gaps in your vacation policy? If so, it’s time to review your policy. Here are the key areas a comprehensive vacation policy should address: Who is entitled to […]

‘Honest Suspicion’ of FMLA Abuse Justifies Firing, Courts Rule

A multibillion-dollar corporation that hired a private investigator to combat excessive employee absenteeism and suspected FMLA abuse withstood an interference and retaliation claim by a fired factory worker in a case brought before the 7th U.S. Circuit Court of Appeals. The case is Scruggs v. Carrier Corp., No. 11-3420 (Aug. 3, 2012). Daryl Scruggs, who […]

Handling Whistleblowers: Surprising New Caution On Firing Workers Who Complain

In recent years many employers have been sued for illegally firing or disciplining employees who blow the whistle or gripe about workplace health and safety considerations or an employer’s alleged illegal activity. But now an employer is in hot water for merely deciding not to rehire a contract worker whose employment term had expired. Here’s […]

Releases You Can Rely On

By Donovan Plomp McCarthy Tetrault Does your Canadian business ask employees to sign releases in exchange for their severance packages? Imagine if an employee took the severance package, signed the release, then sued your company anyway. That’s exactly what Douglas L. Titus did to his former employer — and he won at the trial level. […]

Religious Diversity Challenges Employers, EEOC

Several food-processing plants across the country have been in the news as they grapple with the requests of increasing numbers of Muslim workers seeking religious accommodations. Three disputes — all at meatpacking plants — centered on prayer breaks, especially important at Ramadan. During that month (which varies from year to year because it’s set on […]

70% or More Not in FLSA Compliance

The feds estimate that 70 percent of employers are not in compliance with the federal Fair Labor Standards Act (FLSA). “That’s a gross understatement,” says William J. Anthony, Esq. He suspects that it’s more like 95 percent that are not in compliance with either federal or state laws on wage and hour matters.