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USERRA Claim by Veteran Who Applied for New Job After Deployment

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA), the federal law that establishes the rights and responsibilities of uniformed servicemembers and their civilian employers, generally guarantees an employee returning from military service or training the right to be reemployed in his former job with the same benefits. In a recent decision handed […]

Hardest Challenges in Leave Management? Survey Says …

Employee abuse of leave is a problem for 10% and consistent application is an issue for 7%. A lucky 4% have no or very few issues when it comes to managing employee leave. Survey Highlights As expected, paid vacation time, separately or as PTO, is available to over 95% of those responding to our survey, […]

diversity

On the Hunt for Job Candidates

Over the years, sourcing has evolved from a function within recruiting to its own discipline. Today, many large organizations have entire departments dedicated to candidate sourcing.

Employer Faces State-law Claims After False Promise Causes Beneficiary to Skip COBRA Coverage

A former employee left with more than $13,000 in unpaid medical bills after his employer retroactively terminated his employment and health benefits can sue for state-law claims, a federal district court ruled. The individual alleged that while he was hospitalized, the employer said his expenses would be covered. Thus, he did not elect COBRA coverage. […]

Medical Certs—Necessary FMLA Evil

How can you know if your comp program is meeting organization goals? You have to maintain metrics, says consultant Terry Pasteris, CCP, GRP. But there are metrics, and then there are metrics. Under the FMLA, employers may request medical certification of the need to take leave for the employee’s own serious health condition or the […]

California

California Cracks Down on Workers’ Compensation Provider Fraud

California’s Department of Industrial Relations (DIR) has made multiple attempts to reduce workers’ compensation costs to employers and to improve compensation paid to workers. One persistent obstacle to cost containment is fraud, and the DIR has poured considerable resources into combating fraudulent worker claims, premium fraud, and most recently, provider fraud. In January, the DIR […]

Bad Commission Agreements—Lawsuit Magnet

Sales compensation litigation is especially tricky because commissioned salespeople are particularly litigious. They are trained to read complicated agreements, and they will find the bad provisions. Furthermore, sales personnel are very persuasive speakers—that’s why you hired them—and they’re likely to be able to convince the court of their interpretation of the commission agreement. Kato, who […]

Lessons on Accommodating Anxiety Disorders

“Birthdays were invented to sell Hallmark cards.” – Ron Swanson If you’ve ever watched the show “Parks and Recreation,” you know Leslie Knope lives for birthdays, but her boss, Ron Swanson, hates them. In one episode, Leslie pranks Ron by pretending to plan an elaborate birthday party for him, and he has a meltdown. The […]