Month: December 2012

ADA-protected disability does not excuse sexual harassment

If an employee’s disability causes him to sexually harass co-workers, the Americans with Disabilities Act does not require the employer to turn a blind eye, the 2nd U.S. Circuit Court of Appeals ruled in McElwee v. County of Orange, No. 11-4366-cv (2nd Cir. Nov. 15, 2012). James McElwee, an individual with Pervasive Developmental Disorder, worked […]

Strange Sightings at Company Parties

In a new survey from The Creative Group, advertising and marketing executives were asked to recount the wackiest or most outrageous thing they have heard of an employee doing at a company event, such as a holiday party or outing. Here are some of the funnier responses from a press release about the survey: An […]

Does This Recent EEOC Lawsuit Make You Rethink Your Sexual Harassment Training?

In the suit, Fry Electronics worker America Rios complained to her boss, Ka Lam,  that her manager was sexting her and inviting her to his house to drink. After Lam reported the harassment to Fry’s legal department, he was fired, allegedly for “declining performance.” Unfortunately, Lam’s work had been consistently commended. This, of course, is […]

Managers Think It Is, But It’s Not (All About the Money)

Botwin, who is CEO of SPC (Strategy People Culture) Consulting, offered his engagement tips at BLR’s Advanced Employment Issues Symposium held recently in Las Vegas, Nevada. What Managers Think Employees Want In one study by the Labor Relations Institute of NY, managers selected, in order,  the following as what employees most value: Good wages Job […]

Withholding judgment on IRS amnesty program

by Michael E. Barnsback For the past couple of years, the IRS has focused its enforcement efforts on the misclassification of independent contractors. Many employers improperly classify workers as independent contractors to avoid paying FICA taxes and providing benefits. Others make the mistake simply because they don’t understand the differences between the two classifications. Regardless, […]

Scheduling, seniority issues, and holiday pay

by Jennifer L. Anderson Ebenezer Scrooge is the most infamous of employers — overworking and underpaying his employees, denying their vacation requests, and spreading holiday misery rather than holiday cheer. Fortunately, A Christmas Carol is fiction, and times have changed. These days, most of you decorate your offices, accommodate employees’ vacation requests, provide standard holidays […]

Outlook for 2013 and Beyond: EEOC, DOL … and You

Special from the Advanced Employment Issues Symposium, Las Vegas Sweeping developments at DOL and EEOC took top billing at the Employment Law Outlook panel which kicked off the Advanced Employment Issues Symposium in Las Vegas. Panelists included Susan Webman, Of Counsel with FortneyScott in Washington, DC; John Husband, senior partner with Holland & Hart in […]

Employers Will Bear Burden of Filling Reform Fund to Stabilize Individual Market

Employers that sponsor health plans are bracing themselves for a significant tax hit under health reform. Health reform’s transitional reinsurance program, which will require insurers and self-funded plans to pay billions of dollars to partly reimburse commercial insurers writing individual policies for patients with very high medical costs, imposes large costs on employers to further […]

What Your Colleagues Think About Safety and Health Training

Here’s what your colleagues think about safety and health training: How effective is your safety training? 61%    Somewhat effective 29%    Very effective 10%    Not very effective at all How much of your training sessions involve hands on participation? 50%    Less than half of it 18%    All of it 18%    None of it 14%    More than […]

CEO to HR—Show Me the Money!

Show Me the Money Oswald, author of the Oswald Letter, suggests that HR can start by concentrating on three areas: turnover (see yesterday’s Advisor), productivity, and absence. Here’s how to present to him: Tell me how much your plan would save. Tell me how much your plan would cost. (That tells me what my ROI […]