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GINA, State Statues, and Your Wellness Program

Yesterday’s Advisor warned of potential legal hassles for wellness programs under HIPAA and NLRA; today, threats from GINA and the states, plus an introduction to the popular wellness guide that will help your program achieve best practice ROIs. Genetic Information Nondiscrimination Act (GINA) GINA (which prohibits discrimination on the basis of genetic information with respect […]

Family Leave: Court Says Employee’s Misleading Memo About Need for Leave Not an Adequate Notice; What’s Required

Suppose an employee asks to take vacation time over the Christmas holiday to visit his ailing parents—but he doesn’t mention that he will be caring for them during the time off. Do you have to grant the request for time off under the family and medical leave laws? A California Court of Appeal recently answered […]

Federal appeals courts issue conflicting decisions on ACA subsidies

A few weeks after the U.S. Supreme Court dealt a blow to the Affordable Care Act’s (ACA) contraceptive mandate, federal courts are looking at a different aspect of the law—exchange subsidies. On July 22, there was a flurry of activity on the issue, with two federal appeals courts issuing conflicting rulings. States had the option […]

HOT LIST: New York Times Bestselling Paperback Business Books

The following is a list of the bestselling paperback business books as ranked by the New York Times on July 14. 1. The Tipping Point: How Little Things Can Make a Big Difference by Malcolm Gladwell. How and why certain products and ideas become fads. 2. Rich Dad, Poor Dad: What the Rich Teach Their […]

The #1 Most-Easily-Prevented Lawsuit

Retaliation claims are on the rise, and it’s no surprise, says attorney Joseph L. Beachboard. They’re relatively easy to establish and they often pay off even when the underlying charge is not sustained—but they’re also easy to prevent. What makes retaliation suits so easy to bring? asks Beachboard, who is a shareholder in the Los […]

Health and Safety: Employee Obesity Can Create Risks in the Workplace; Low-Cost Approaches to Tip the Scales in Your Favor

No doubt you’ve heard that Americans are getting heavier. The Surgeon General reports that in 1999, 61 percent of adults in the United States were overweight, twice as many as in 1980. And as of 2001, according to the Centers for Disease Control (CDC), nearly a quarter of all Californians were obese. These numbers—and the […]

Some ‘Surprised and Disappointed’; Some ‘Loved’ It

By Stephen D. Bruce, PHR Editor, HR Daily Advisor Dan Oswald’s recent epinion, “It Takes Three—Creative Type, Business Type, and ?” garnered contrasting responses, some quite negative and some quite positive. The original article put forth the proposition that successful companies need three types of leadership: creative, business, and a**hole. Here are the comments: ‘Every […]

New Harassment Legislation: Governor Expands Law To Cover Independent Contractors; 3 Important Steps To Take

One advantage of using independent contractors has traditionally been that you could not be sued for many employment-related disputes. But because Governor Davis has just signed a new law expanding harassment protections to independent contractors, you will now have to be more cautious in how you deal with them. The measure takes effect January 1, […]

Employee Privacy: New Decision Spotlights Limits On Your Right To Discipline Workers For Off-The-Job Activities

John Strahan, a sergeant for the Washoe County, Nev., Sheriff’s Department, was a member of a motorcycle club called Blind Justice. He allegedly attended motorcycle events, wore Hell’s Angels T-shirts and hung out with other bikers, including some who were convicted felons. When Strahan was demoted to deputy sheriff, he filed a lawsuit contending he […]