Month: May 2012

Rooting Out FMLA Fraud and Abuse—Doable with Diligence

FMLA with cooperative employees is hassle enough, but the challenges compound when employees abuse the system, says Susan Schoenfeld, a Senior Legal Editor for BLR’s human resources and employment law publications. One of the biggest frustrations for employers is trying to deal with an employee who appears to abusing FMLA leave, says Schoenfeld. Fortunately, there […]

Rest and Meal Breaks in California: When Must a Rest Break be Provided?

Rest and meal breaks in California aren’t just a nice-to-have, they’re legally mandated, all the way down to how frequently rest breaks must be given over the course of a workday. In a CER webinar titled “Meal & Rest Breaks in California: Long-Awaited Brinker Decision Is Finally Here; What It Means for You,” Marc L. […]

Plan’s Network Policy Was Clear Enough to Ward Off ERISA Claims (in spite of poor call center performance)

Rejecting a plan participant’s claims that plan documents should specifically list in-network providers, the 7th U.S. Circuit Court of Appeals held that a plan clearly providing information on how to check for provider status was sufficient to escape benefits-denial and fiduciary-breach claims. In affirming a lower court decision, the court also rejected an argument that […]

New Car Wash Operator Gets Soaked by Old Owner’s FLSA Violations

A car wash operator apparently had a clean record of complying with labor law, but because of a special California labor law, a California appellate court recently held that the car wash was liable for a previous owner’s Fair Labor Standards Act violations, resulting in a $120,000 judgment.  The case, People ex rel. Harris v. […]

Why do people work for you

Why Do People Work for You?

Have you ever asked yourself why people work for you? Have you ever even stopped to think about why anyone would choose to work for you? It might not be something that’s ever crossed your mind. But stop and think about it for a minute. Why you? People go to work for a company for […]

Can You Require an Annual Physical? An Alcohol Test? A Prescription List?

Can you require an annual physical? An alcohol test? A prescription list? Generally, no, no, and no. These and other tricky ADA questions are answered in EEOC’s Enforcement Guidance on Disability-Related Inquiries and Medical Examinations. First of all, remember that there is a difference between applicants and employees, and the rules concerning disability-related inquiries and […]

Excessive Internet Use by Employees: Is it Time Theft?

By Hadiya Roderique Even in the “Northern Exposure” zones of Canada, employees commonly have access to the Internet at work. Many use the Internet for personal reasons during work time. Many employers are concerned about the loss of productivity resulting from excessive personal use of the Internet. A number of employers have attempted to characterize […]

Veterans Soldiering On Through Tough Job Market

By Tammy Binford The recession has been discouraging to job seekers of all stripes – those with advanced degrees as well as those without higher education, those in specialized fields and those looking for just any kind of work. Certainly job seekers transitioning out of the military aren’t immune to the difficulties posed by the […]