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Most homecare workers entitled to minimum wage, overtime under new rule

A new rule taking effect January 1, 2015, means most direct-care workers employed by agencies and other third-party employers will be entitled to at least the federal minimum wage and overtime pay. The U.S. Department of Labor (DOL) says the change will affect nearly two million direct-care workers, such as home health aides, personal care […]

When Can You ‘Clarify’ or ‘Authenticate’ an FMLA Cert?

Authentication and Clarification of Medical Certifications Employers are entitled to authenticate or clarify information received on a medical certification form. It is important to note that the definitions of what constitutes permissible authentication and clarification are very limited. “Authentication” means providing the healthcare provider with a copy of the medical certification and requesting verification that […]

Employer Q&A on Disabilities, Drugs and the ADA

Can an employer legally terminate an employee who is permanently disabled and can no longer perform the essential job functions? Do Americans with Disabilities Act (ADA) protections apply to all employees immediately, or must they be employed with the company for a certain amount of time first? What can employers ask when it comes to […]

When is Cancer a Disability?

Is cancer considered to be a disability when it comes to ADA protections? The short answer is yes. The longer answer will depend on the specific circumstances of the employee. So, when is cancer a disability? It will be when: Cancer or its side effects substantially limits one or more of a person’s major life […]

Are You on Track with GHS Training?

The Occupational Safety and Health Administration (OSHA) has given businesses the following timetable for complying with the Globally Harmonized System of Classification and Labelling of Chemicals (GHS). May 25, 2012 to November 30, 2013 All employers that use, handle, and store chemicals must train employees how to read and interpret chemical labels and (material) safety […]

Walgreens to provide employees with healthcare subsidy while ACA public exchange deadline looms

Walgreens has announced it will provide eligible employees with employer-sponsored health insurance coverage in 2014 through its proprietary “Live Well Benefits Store,” a marketplace that is an outsourced solution through Aon Hewitt Corporate Health Exchange. The new program allows Walgreens to continue offering health insurance and wellness benefits to its employees as the plan administrator […]

Medical Certs and the FMLA: No One’s Happy

Under FMLA regulations, an employer may utilize DOL certification forms designed for this purpose (and why not use them, since you aren’t permitted to ask for any information not on those forms anyway?): Certification of Health Care Provider for Employee’s Serious Condition (WH-380-E) Certification of Health Care Provider for Family Member’s Serious Health Condition (WH-380-F) […]

Employee handbooks: Are they really necessary?

by Ann Kontner Even though it isn’t a state or federal law requirement, many employers have an employee handbook or at least a few written company policies. Exactly where do those policies come from? The answer to that question is easy—the HR department. But where does HR get the policies that govern the company? The […]

Alert: CA minimum wage expected to increase

Last week, the California legislature passed a bill (AB 10) that will increase the minimum wage in California to $9.00 per hour effective July 1, 2014, and to $10.00 per hour effective January 1, 2016. Before the bill was passed, Governor Jerry Brown had indicated that he would sign it. The minimum wage in California is currently $8.00 per hour.