Month: December 2013

Retroactive FMLA Designation—3 Scenarios Cut Through the Fog

When you find out about a possible FMLA qualifying leave after it has started, how far back can you go to retroactively designate the leave? Athey, an attorney with The Robert E. Miller Group in Kansas City, Missouri, was joined by a colleague, consultant Kristi McKinzey, in a recent webinar sponsored by BLR/HRHero. Athey offers […]

Government Proposal Refines Reform Fees on Health Plans

A proposed rule put on public display Nov. 26 adjusts Transitional Reinsurance Program rules and tries to put out fires left burning by the ever-moving target of health care reform. For example, it proposes a lower contribution level insurers and self-funded plans would pay in 2015 to a transitional reinsurance fund, and gives employers the […]

Minnesota’s “ban the box” law takes effect January 1

by Richard R. Voelbel Minnesota’s new “ban the box” law takes effect January 1, meaning private employers will be prohibited from inquiring about a job candidate’s criminal background until after the candidate has been selected for an interview or has received a conditional offer of employment. Public employers already have been prohibited from including a […]

Computer-Based Training and HAZWOPER Requirements

Employers are continually seeking the simplest means to meet their employee training requirements under OSHA’s hazardous waste operations and emergency response (HAZWOPER) regulations (29 CFR 1910.120). One method that may ease the burden is computer-based training, whether on CD, DVD, or online, which is increasingly available from commercial software vendors. However, OSHA makes it clear […]

Obamacare provides lessons for every manager

by Dan Oswald It’s one of the most controversial pieces of legislation passed in my lifetime, with its legality being ruled on by the U.S. Supreme Court, but whether you support or reject Obamacare, it’s obvious that its execution has been deeply flawed. There’s a lesson in this for all of us. It’s not unusual […]

High Court Will Rule on Religious Challenge to Contraceptive Mandate

The U.S. Supreme Court on Nov. 26 accepted an appeal of health care reform’s contraception coverage mandate. The cases that will be heard are Sebelius v. Hobby Lobby Stores, Inc. and Conestoga Wood Specialties v. Sebelius. (Kathleen Sebelius is named as a litigant in her capacity as U.S. Health and Human Services Secretary.) The cases […]

Watch Out—FMLA Certs Are Like a Pre-Nup

If you don’t take advantage of your Family and Medical Leave Act (FMLA) tools, and you don’t do all you could or should do, you have only yourself to blame when there’s abuse, says attorney Stacie Caraway. Caraway, who is a member of Miller & Martin PLLC in the Chattanooga office, offered six tips for […]

4 Hazards of Failing to Track All FMLA Leave

Mckinzey, a consultant with The Robert E. Miller Group in Kansas City, Missouri, was joined by a colleague, attorney Julie Athey, in a recent webinar sponsored by BLR/HRHero. Hazard # 1: Counting Against Attendance Policy If you had reason to know an absence was due to an FMLA‐qualifying reason, you can’t count the absence against […]

How’s Your HAZWOPER Training?

First, let’s discuss why this training matters: By definition, sites covered by HAZWOPER contain substances that could endanger the health of employees and, potentially, the general public. OSHA cares a lot about HAZWOPER training—its standard covers training requirements extensively with an appendix on training guidelines. In fiscal year (FY) 2004, there were more than 200 […]