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A Midwestern farm company that fired a manager on the day he was due to return from FMLA leave has withstood the ex-employee’s allegations of FMLA retaliation and interference in a 6th U.S. Circuit Court of Appeals ruling affirming a district court decision. The case is Winterhalter v. Dykhuis Farms, Inc., No. 11-1743 (July 23, […]
Under federal Department of Transportation rules, if you employone or more commercial drivers who operate certain types of vehicles, you must comply with detailed drug and alcohol testing, training and record keeping regulations. As of January 1, 1998, the percentage of drivers you’re obligated to randomly test for alcohol use has been lowered from 25% […]
A Los Angeles jury ordered Sony to pay $1.4 million to Klaus Wang, a company technician for more than 14 years who was fired when he returned to work following a California Family Rights Act medical leave. Sony argued that Wang was terminated for poor job performance and the decision to fire him was made […]
Just My E-pinion By Stephen D. Bruce, PHR Editor, HR Daily Advisor The unfortunate and embarrassing story of Shirley Sherrod’s ouster from the Department of Agriculture by Secretary Tom Vilsack has at least a small silver lining—it’s a stern reminder to HR managers to look before they leap. Sherrod was sacked after a video of […]
At least in the Senate, a consensus is being reached on trade adjustment assistance that could lead to an extension of premium subsidies under the Health Coverage Tax Credit (HCTC) program. Here are two snippets from a joint statement issued Wednesday: [Senate Majority Leader Harry Reid (D-Nev.)]: “My staff and Senator McConnell’s staff have been […]
How long should I keep HR records?
I was recently hired as the director of our organization. This organization has never set pay ranges or pay scales for our employees, and we are currently paying some employees well above market rates. The Board of Directors would like to set a new pay scale for all employees, which will result in varying pay […]
The Treasury Department and the IRS have issued final rules regarding section 409A nonqualified deferred compensation plans and arrangements. The new regulations provide extensive information on how employers can identify nonqualified deferred compensation plans and arrangements subject to section 409A, along with rules to help employers and employees comply. Plans and arrangements affected by the […]
Your photocopier may be keeping copies of your records that have been scanned into the copier’s hard drive. You can access those records easily—and so can anyone else who knows how to work the copier’s hard drive. “That’s something everyone should be aware of,” said attorney Catherine Moreton Gray, speaking at BLR’s National Employment Law […]
When it comes to health reform’s new Summary of Benefits and Coverage, the feds will give some compliance leeway in cases where plan sponsors cannot fit data into the narrow spaces prescribed in the law, a prominent federal official told benefits attorneys in Washington, D.C. Many in the industry say the health reform law was […]