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On December14, 2009, the Equal Employment Opportunity Commission (EEOC) announced a class-action settlement with national restaurant chain Bahama Breeze for $1.26 million and significant remedial relief. The case originated with 37 black workers at the company’s Beachwood, Ohio, location who claimed they were repeatedly harassed because of their race. In the lawsuit, the EEOC charged […]
Much has been written about the Bermuda Triangle of Family and Medical Leave Act (FMLA), Americans with Disabilities Act (ADA), and Consolidated Omnibus Budget Reconciliation Act of 1985 (COBRA), but that’s not the only triangle that makes FMLA compliance tricky. Compliance gets even murkier when the ramifications of the Pregnancy Discrimination Act (PDA), ADA, and […]
The White House reportedly reached a deal with organized labor on Thursday over the controversial “Cadillac” tax found in the U.S. Senate’s health care reform bill. The original provision in the Senate’s Patient Protection and Affordable Care Act (H.R. 3590) creates a tax on employer-sponsored high-end “Cadillac” coverage. Under the original provision, the tax would […]
Although employment decisions are often based on one specific incident or reason, such as poor work performance, many decisions stem from several causes. If an employee challenges a termination, a demotion, or another adverse action that was taken for two or more reasons, only one of which is illegal, will the employer be liable? The […]
Employee handbooks present a double-edged sword. On the one hand, they serve a useful purpose in advising employees of key policies and procedures so they know what is expected of them. On the other hand, if they’re improperly drafted, they can be construed as binding contracts that, if not followed to the letter by the […]
If you think that employees are more hesitant to file formal complaints against their employers or former employers in bad economic times — for fear of retaliation or bad references — think again.
What people do matters a whole lot more than what they say they’ll do. This statement should not surprise anyone. Actions speak louder than words. Then why is it that “smooth talkers” and “big talkers” often bluff and bluster their way though life despite their actions being very different than their rhetoric? People get caught […]
By BLR Founder and CEO Bob Brady Instead of designating employee paid time off as vacation days, sick leave, and such, many employers have started to lump it together and simply call it paid time off, or PTO for short. But there are pros and cons. The advantages of undesignated paid time off for employers […]
Pregnant employees typically present a host of Family and Medical Leave Act (FMLA) issues, and then, for many employers, there’s the very tricky balancing act of fetal protection—what to do when the mother wants to work in a job that might endanger the unborn child. FMLA Protection for Pregnant Employees Under FMLA, incapacity because of […]
The U.S. Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) just released updated COBRA Model Notices that reflect the COBRA subsidy extension that was part of the Department of Defense Appropriations Act, 2010. The new COBRA subsidy legislation extends the original federal COBRA subsidy created by the American Recovery and Reinvestment Act of 2009 […]