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New FMLA: Tricky Questions Answered

Surveys consistently show that managing Family and Medical Leave Act (FMLA) issues is one of the most time-consuming—and annoying—areas HR professionals tackle. BLR’s experts at Compensation.BLR.comshare answers to some of the trickier questions they get. Q. The law defines a health condition as serious if the employee is treated by a healthcare provider for more […]

Arbitration Of Disputes: Court Upholds Mandatory Arbitration Without Employee’s Signature Or Advance Acknowledgment; Impact On Employers

Following on the heels of a recent California Supreme Court ruling that approved mandatory arbitration agreements for employment disputes, California appellate courts continue to enforce arbitration provisions between employers and employees. In the latest case, a California Court of Appeal required the arbitration of an employment claim even though the employee had never signed an […]

Employment Law Tip: Preparing for a Wage-Hour Investigation

Wage and hour investigations are often the result of a complaint filed by an employee or former employee. But sometimes the U.S. Department of Labor, or a state agency, targets specific industries for audits. During an investigation, the DOL will visit the business and gather data on wages, hours, and other employment conditions or practices. […]

Retirement Benefits: Auto 401(k) Enrollment Good for Employees, New Survey Shows

Employers that offer automatic enrollment for their 401(k) plans significantly increase employee participation, according to an annual study conducted by Hewitt Associates. The study, which examined the savings and investing habits of over 2.6 million employees, found that the overall participation rate of employees in companies offering automatic enrollment was 14 percent higher than the […]

News Notes: Recruiter Wins Big In Bias Case

An Orange County jury has ordered Hyundai Electronics America Inc. to pay nearly $10 million to an executive recruiter who claimed his rights were violated. Technical Resources owner Jeffrey Abraham claimed that Hyundai told him not to refer black or female candidates to the company’s Oregon semiconductor plant because Korean managers there didn’t want to […]

News Notes: Workplace Injury And Illness Rates Decline

The U.S. Bureau of Labor Statistics has reported that the number of injuries and illnesses in private industry workplaces continued to edge down in 2001. The 2001 rate of 5.7 injury-and-illness cases per 100 full-time workers was not only an 8% decline from 2000 but also the lowest rate since the agency began reporting this […]

News Notes: Employees Can’t Rely on Old Acts of Bias

Last year, the U.S. Supreme Court ruled an employee could sue for bias based only on incidents that occurred within the time period for filing a lawsuit. Now the Ninth Circuit has taken this decision one step further, declaring that employees cannot sue over employment decisions that occurred outside of the limitations period, even if […]

Claims Adjusters Don’t Qualify for Overtime Exemption

Liberty Mutual’s claims adjusters investigated and estimated claims, made coverage determinations, negotiated settlements, and identified potential fraud. The claims adjusters sued the insurer for back overtime pay, claiming they were misclassified as exempt administrative employees. A California appeals court has now ruled in the employees’ favor, finding that they didn’t qualify for the administrative overtime […]

EEOC on the March–Charges, Investigations, and Claims

Yesterday’s Advisor offered take-aways from Littler Mendelson’s recently released Annual Report on EEOC Developments—Fiscal Year 2012; today, data on charges and investigations, plus an introduction to HR Dept One. Review of Charge Activity, Backlog, and Benefits Provided On November 19, 2012, the EEOC announced the publication of the FY 2012 Performance and Accountability Report.  During […]