Practical HR Tips, News & Advice. Updated Daily.
Cooper chairs the labor and employment practice group at law firm Garvey Schubert Barer in Portland, Oregon. Her tips came at a recent BLR-sponsored webinar. Here’s Cooper’s quick rundown of the five legal arenas where you may be exposed to “joint employer” liabilities with contingent workers: 1. Wage and hour laws. While the temp agency […]
Most employment laws include provisions protecting employees from vindictive managers who would otherwise punish them for exercising their rights. The Family and Medical Leave Act is no exception. Late last year, the Department of Labor’s Wage and Hour Division released Fact Sheet # 77B explaining the FMLA’s anti-retaliatory provisions. Here are some highlights: Prohibitions An […]
The interaction among various leave laws can make your obligation to accommodate injuries and illnesses incredibly complicated—especially when the injury results from a workplace accident. Read on for 10 tips from Jim Brown of Sedgwick, LLP, that will help you get everything properly sorted out.
Religious employers are protected from discrimination claims made by their own ministers, the U.S. Supreme Court ruled unanimously Jan. 11. In its first ruling addressing the ministerial exception that is often read into the U.S. Constitution, the Court determined that “there is such a ministerial exception,” and that it bars ministers from bringing employment discrimination […]
By Peter Susser, Esq. HR professionals may often see the following scenario: An employee is granted FMLA leave to treat a serious health condition that poses long-term restrictions and limitations; 12 weeks pass; the employee fails to return to work; company terminates employee under a “no-fault” absence policy. The employer granted the full 12 weeks […]
In a CER webinar titled “FMLA, ADA, and California Workers’ Comp Overlap: Overcoming New Compliance Conflicts,” Jennifer K. Achtert and Todd B. Scherwin outlined some of the differences between the Family and Medical Leave Act (FMLA)/ California Family Rights Act (CFRA) and other leaves. In particular, they compared FMLA/CFRA to the Americans with Disabilities Act […]
West, principal at Employment Practices Specialists in Pacifica, California, offered her suggestions at SHRM’s annual conference and exhibition, held recently in Las Vegas. Here are her six scary phrases: 1. ‘You’re overcommitted’ When you say this, the applicant will hear: “Has kids and won’t stay late.” Sounds like discrimination. 2. ‘You lack skills necessary to […]
EEOC is coming after anyone not using a unique interactive process, says attorney Stacie Caraway. They want to see one-on-one engagement. Caraway, of counsel with Miller & Martin in Chattanooga, Tennessee, joined Dinita James, partner with Ford & Harrison in Phoeniz, Arizona, and moderator Charles Plumb, a partner with McAfee and Taft in Tulsa, Oklahoma, […]
In yesterday’s Advisor, the Advanced Employment Issues Symposium panel offered tips for dealing with an increasingly aggressive Wage/Hour Division; today, the panels advice for dealing with ADA issues, plus an introduction to the leading all-HR-in-one website. EEOC is coming after anyone not using a unique interactive process, says attorney Stacie Caraway. They want to see […]
California lawmakers stayed busy throughout the year, passing a number of new wage, hour, leave and anti-discrimination laws. Here, in no particular order, are some of the biggies that go into effect Jan. 1: Pregnancy Disability Leave All employers with five or more employees will be required, starting Jan. 1, to continue to maintain and […]