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Pig Farm Worker Loses Job and Retaliation Claim

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, […]

Comments on Smartcard Guidance Include Harsh Assessment of Implementation Process

Even as the IRS announces it plans to issue guidance on the use of smartcards with qualified transportation fringe benefits, public comments on such guidance include allegations of impropriety from one vendor. The IRS asked for input on whether it should issue such guidelines (see related story) last May. Thompson Information Services requested copies of […]

U.S. Supreme Court Set To Rule On ERISA Case

As of press time, the U.S. Supreme Court was set to rule on a case that could redefine the claims and remedies allowed under the federal Employee Retirement Income Security Act (ERISA). The lawsuit arose after a 401(k) plan participant asked the plan administrator, which was his employer, to change his elections. The participant claimed […]

Federal Contracts: OFCCP Proposes To End Some On-Site Compliance Visits

The Labor Department’s Office of Federal Contract Compliance Programs is proposing to end a requirement for visits to the worksites of federal contractors to make limited “compliance checks.” This type of review issued to see if the contractor has maintained proper records and has developed an affirmative action plan. To allow greater flexibility, contractors could […]

New ADA Guidance on Employment Rights of Visually Impaired Workers

The U.S. Equal Employment Opportunity Commission has released new guidance explaining the rights of the blind and visually impaired under the Americans with Disabilities Act. The new guidance, issued in a question-and-answer format, covers when a vision impairment qualifies as a disability, questions employers may ask applicants and employees about their vision impairments, the circumstances […]

NLRB at It Again: New Posting Requirement Prompts Anger

A new rule from the National Labor Relations Board (NLRB) is being touted by the agency as a moderate measure aimed at ensuring that workers understand their rights, but it’s drawing fire from some employers who call it a “punitive new rule” from a federal agency overreaching its authority. The NLRB issued a final rule […]

Managing Down to Those Who Manage Up

In yesterday’s Advisor we talked about “managing up.” Today, tips about managing down, and an introduction to a new audio conference, Handling Difficult Conversations. Here’s a typical scenario between a subordinate and a boss: Bill comes up to Sally, the boss, who is running to a meeting, and says, “We have problem with x.” Sally […]