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Beware Clever New Unionization Tactics—Contractor Conversion and Packaged Deals

Clever unionizing tactics such as changing independent contractors to employees and presenting employers with package deals are part of the new labor landscape, says attorney David Fortney. Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and is editor of Federal Employment Law Insider. He made his remarks about new […]

Leave Policies: Why You Can’t Automatically Terminate A Disabled Employee Whose Leave Runs Out

Zenaida Garcia-Ayala was working as a secretary for drug manufacturer Lederle Parenterals Inc. when she was diagnosed with breast cancer. Lederle held her job open during several disability leaves while she underwent multiple surgeries, chemotherapy and ultimately a bone marrow transplant. But when Garcia-Ayala’s leave finally ran out, the company fired her. She then filed […]

News Notes: EEOC Announces $250 Million Age-Bias Settlement With Calpers

The California Public Employees’ Retirement System (CalPERS) will pay approximately $250 million in disability benefits to more than 1,700 retired state and local safety officers to settle an age-bias lawsuit brought by the U.S. Equal Employment Opportunity Commission. The lawsuit charged that CalPERS—following a state law adopted in 1980—linked the amount of disability benefits to […]

DOL Releases Updated COBRA Model Notices

The U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) just released updated COBRA Model Notices that reflect the COBRA subsidy extension that was part of the Department of Defense Appropriations Act, 2010. The new COBRA subsidy legislation extends the original federal COBRA subsidy created by the American Recovery and Reinvestment Act of 2009 […]

Family Responsibilities Leave—Best Practice for Employee Engagement?

By BLR Founder and CEO Bob Brady Just My E-pinion For years, BLR has surveyed HR and benefits professionals to find trends in benefits. We appreciate your participation in our monthly series of brief, targeted benefits surveys. Today’s Survey Topic: Family Leave Practices. (We’ll publish the results in a future issue.) Family responsibility leave. It’s […]

EEOC Receives Record Number of Discrimination Complaints

Employees filed a record number of discrimination charges with the U.S. Equal Employment Opportunity Commission this year, according to a report released by the enforcement agency. The 99,947 charges received account for all claims of discrimination based on race, sex, national origin, religion, age and disability, as well as claims filed under the Equal Pay […]

Congress, Stakeholders Challenge OFCCP’s Proposed EEO Quota

Members of Congress are questioning whether the Department of Labor has the authority to require employers to set goals for hiring hiring disabled workers. The inquiry concerns the propriety — and practicality — of proposed rules announced late last year by DOL’s Office of Federal Contract Compliance Programs requiring federal contractors to institute hiring goals. […]

Healthcare reform provisions move forward: preexisting condition exclusions

On November 20, the Obama administration announced it is moving forward with certain provisions in the Affordable Care Act (ACA), including banning insurance companies from discriminating against people with preexisting conditions. The administration issued the following: A proposed rule that, beginning in 2014, prohibits health insurance companies from discriminating against individuals because of a preexisting […]

Performance Issues for FMLA-Qualified Employee Still Equal Termination

This content was originally published in April 2009. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. An Indiana worker repeatedly exceeded her employer’s absence limit, failed to follow safety procedures, and neglected the quality control part of her job, allowing an expensive production error to […]

News Notes: New EEOC Fact Sheets Address Workplace Backlash Against Muslims And Arabs

Responding to a surge of discrimination complaints from employees of Middle-Eastern descent following the events of Sept. 11, the U.S. Equal Employment Opportunity Commission has released two new fact sheets to answer questions about the employment of Muslims, Arabs, South Asians and Sikhs. One fact sheet is geared toward employers, the other for employees. The […]