Tag: Employment law

CMS Describes Coverage Opt-out Process for State & Local Plans

The new electronic process for self-funded non-federal governmental plans to opt out of certain HIPAA-related coverage requirements was detailed in guidance from the Centers for Medicare and Medicaid Services. Opt-out elections must be submitted through the Non-Federal Governmental Plans Module in the Health Insurance Oversight System, according to the July 21 memorandum from Mandy Cohen, […]

All you need is employment law

Our blog seems to have focused quite a bit recently on stories from the world of sports, and given the number of professional athletes behaving badly lately, that comes as no surprise. So for this week, we’ll take a break from litigious punters, abusive running backs, and egotistical power forwards to focus on another area […]

Duties more important than titles when determining eligibility for overtime

by Marc Ouellet The issue of overtime has become a major concern for employers in the wake of class actions on the subject in Canada. The Québec Act Respecting Labour Standards (ALS) provides exemptions from the right to overtime including for employees in managerial positions. In Skiba v. Playground, L.P., the Court of Appeal of […]

Edginess About Ebola Points to Need for Pandemic Preparation

An outbreak of the deadly Ebola virus in Africa is causing concern in the United States, as the medical community and various organizations watch to see if the outbreak will be contained, or will spread globally. Although this situation is occurring thousands of miles away, it is a good reminder for businesses in the United […]

Project management: HR’s guide to getting the job done

The human resources department can take a lesson from Benjamin Franklin. It was that bespectacled founding father who is credited with uttering a famous quote that should be the guide for HR professionals embarking on any new project. “When you fail to plan, you plan to fail.”  Cara Parker, owner of CParker Consulting, Inc., a […]

NLRB’s GC Says McDonald’s on the Hook for Franchisee Violations as Joint Employer

McDonald’s parent company would be liable as a joint employer in any proceedings by the National Labor Relations Board on labor and wage violations at McDonald’s franchises, the NLRB’s general counsel said in a July 29 determination. The franchisees’ alleged violations of the National Labor Relations Act relate specifically to a spate of lawsuits filed […]

Severance

EEOC challenges traditional severance agreements in untraditional way

by Burton J. Fishman The Equal Employment Opportunity Commission (EEOC) has taken a bold step to challenge standard and accepted provisions in severance agreements in a recent suit, Equal Employment Opportunity Commission v. CVS Pharmacy, Inc., CA no. 14-cv-863 (N.D. Ill., 2014). There are two particularly important elements in this suit.  The first is that […]

Distraction or discrimination?

Of all the people associated with the National Football League, it was Tony Dungy who got himself in some hot water with comments he made over the last couple weeks. It was the same Tony Dungy who is looked upon as thoughtful and mild-mannered and whose persona, during his tenure as an NFL head coach […]

HR takes role of referee when employees ‘game’ the FMLA system

Put a dozen human resources professionals together and ask them about problems related to the Family and Medical Leave Act (FMLA), and you’re likely to hear many dozens of stories. The rules can be complicated and intricate, and unscrupulous employees manage to find creative ways to take more leave than they’re entitled to have.  Recently, […]