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Tips on FLSA’s Training Rules Can Help Employers Avoid Trips to Court
Many employers get sued for failing to properly administer compensable time — including the requirement that generally, employers must pay employees for time spent in training programs, meetings or similar activities. So to avoid costly litigation or enforcement challenges, an employer needs to understand — and correctly apply —the Fair Labor Standards Act’s basic criteria […]
Court Recasts ERISA/Tax Claim Under PHSA, Allowing COBRA Notice Case to Proceed
By Gwen Cofield Governmental employers and the benefit plans they sponsor are generally exempt from the Employee Retirement Income Security Act’s (ERISA) Consolidated Omnibus Budget Reconciliation Act (COBRA) provisions but are still required to offer COBRA coverage to qualified beneficiaries under the Public Health Service Act (PHSA).
Americans With Disabilities Act: New Ruling Examines Standards For Refusing To Employ Workers Who May Be At Risk For Injury
An employee has a history of fainting spells, and you’re worried that during one of these episodes the person may injure herself or another worker. What are your options? Although the Americans with Disabilities Act allows you to fire or refuse to hire an employee who poses a “direct threat” to herself or others, a […]
Whistleblowing: Worker Gets $37 Million For Turning In Employer
A recent case dramatically illustrates the financial incentive employees have to blow the whistle on their employer. A federal judge has awarded $24 million to Robert Merena, a former SmithKline Beecham billing analyst who charged that the company defrauded the government by billing for unauthorized and unnecessary lab tests under Medicare and other government programs. […]
Health & Safety: New First-Aid Guide Available from OSHA
Federal OSHA has published a new guide to help employers develop and implement an effective first-aid program. The “Best Practices Guide: Fundamentals of a Workplace First-Aid Program” lists the primary components of a workplace first-aid program at the workplace, including: identifying and assessing workplace risks, designing a program specific to the worksite and complying with […]
Mentoring: Helping Supervisors “See”
Supervisors don’t just need to understand the challenges faced by minorities and the legal ramifications, they must also experience what it’s like to be a minority within the organization, says Rene Petrin, who, as president of Boston-based Management Mentors, sets up corporate mentoring programs for clients. “One of the most effective ways to translate theory […]
Supreme Court Rejects DOL View; Rx Sales Reps are “Outside Sales” Employees
In a blow to a U.S. Department of Labor position, a divided Supreme Court ruled today that pharmaceutical sales representatives qualify for the “outside sales” exemption of the Fair Labor Standards Act. In an opinion delivered by Justice Samuel Alito, the Court found that under the most reasonable interpretation of DOL regulations, PSRs qualified as […]
Investigations
Manage Stress for Better Health … and Productivity
Recent research shows stress-induced worker moods affect your productivity as well as their health. Here’s a tool for teaching workers to manage stress, for their good and yours. If you’ve ever wondered whether the mood your workers are in actually affects the job they do, yesterday’s Daily Advisor pointed toward an answer. That answer came […]
