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Administration to Release Long-Awaited Family Leave Proposal Jan. 30

Regulations implementing expansions to the Family and Medical Leave Act will be proposed Monday, the White House announced today. The 2009 legislative amendments added FMLA coverage for caregivers of wounded and ill service members and veterans. It also provided eligible employees the ability to take FMLA leave to tend to “qualifying exigencies” stemming from a […]

Discrimination: Measure Would Eliminate EEO Suit Damages Caps

A new measure introduced in the U.S. Senate would remove existing caps on compensatory and punitive damages an individual can recover in an employment discrimination lawsuit. The new legislation, titled the Equal Remedies Act of 2007 and authored by Sen. Edward Kennedy, D-Mass., is aimed at eliminating damages caps that were implemented a decade and […]

Supreme Court Set to Decide Future of Health Care Reform

The U.S. Supreme Court recently heard oral arguments regarding a challenge to the massive health care reform law, the Patient Protection and Affordable Care Act (PPACA), enacted in March 2010. The Court revealed how important it considers this case by hearing around six hours of oral arguments over the span of three days, when it […]

Could Your Audit Be Damaging Exhibit #1?

First rule of auditing: Before you start, get legal advice on how to keep the results confidential. Otherwise, in the event of a suit, you’ll likely have to reveal the results of your audit. And the second rule of auditing: Be sure that management is willing to make corrections if infractions are found. If your […]

Employee Lawsuits: The Latest Legal Risk When A Disabled Employee Wants To Return To Work; How To Avoid Getting Sued

It’s important to be extra careful when evaluating the abilities of an employee who was previously injured and wants to come back to work. Unless you carefully consider the individual’s current skills and recent medical reports, deciding that the worker can’t perform certain tasks can expose you to an expensive discrimination lawsuit for erroneously regarding […]

New Supervisors Don’t Know Their Own Power

New supervisors don‘t understand their new power, says attorney Jeffrey Wortman, and HR Managers had better teach them about it before they make an expensive mistake. Wortman’s comments were part of a wide-ranging discussion delivered to an enthusiastic audience at BLR’s Second Annual National Employment Law Update, held last week in Las Vegas, Nevada. (Next […]

Hurricane Irene Is Over, So Barring Locusts, Business Recovery and Clean Up Can Begin

In just a few days, the East Coast was struck by an earthquake and Hurricane Irene. As one colleague put it: What’s next, a swarm of locusts? Hopefully, all that is next for businesses adversely impacted by these events is cleaning-up and recovering so that normal operations can resume as quickly as possible. Companies should […]

News Notes: Ninth Circuit Rejects Overtime And Mail Fraud Claim

Yokohama Tire Corp. employee Christopher Miller sued under RICO (Racketeer Influenced and Corrupt Organizations), the federal organized crime statute, charging Yokohama conducted a fraudulent scheme to deny employees overtime. Miller claimed high-ranking Yokohama employees falsely told him and other workers they weren’t entitled to overtime pay because they were salaried, and that every time Yokohama […]