Author: Guest Columnist

Univision Radio Host Sings the Blues Over Adverse Disability Ruling

Can an employee’s frequent tardiness be used to establish that she has a disability because she is limited in the major life activity of working? Does an employee have to request leave under the California Family Rights Act (CFRA) before she has the right to take job-protected leave under the CFRA? A California Court of Appeal answered those questions in a recent case brought by a radio host.

ACA Repeal Could Lead to 32 Million More Uninsured Americans by 2026, CBO Reports

In late 2015 and early 2016, the Congressional Budget Office (CBO) and the staff of the Joint Committee on Taxation (JCT) estimated the budgetary effects of H.R. 3762, the Restoring Americans’ Healthcare Freedom Reconciliation Act of 2015, which would repeal portions of the Affordable Care Act (ACA)—eliminating, in two steps, the law’s mandate penalties and […]

COVID-19

Small Tip Pool Violation Creates Big Headache for Employer

A recent U.S. Department of Labor (DOL) settlement serves as a reminder for employers with tipped employees: you cannot require workers to share tips with nontipped staff. Doing so can leave an employer liable not only for the misappropriated tips, but also—because of a provision in the law—for back minimum wage and overtime payments that […]

Posttraining Mock Robbery Leads to Employee Distress

Posttraining exercises can be very valuable in providing opportunities for employees to apply what they have learned and for management to gain insight into ways to improve future trainings. However, you don’t want to physically or psychologically injure employees in the process. Read on to see what happened when a mock robbery—that the employees weren’t […]

retirement

Trump Halts DOL Fiduciary Rule

The U.S. Department of Labor (DOL) has been directed to postpone and reexamine the fiduciary rule on investment advice that was scheduled to take effect April 10, under a memorandum signed February 3 by President Trump.

interview

Performance Management and the Employee Review Process

When performance management is mentioned, people often think of the employee performance appraisal or review, however, performance management involves so much more. Properly constructed appraisals should represent a summary of an ongoing, year-round dialogue. Focusing only on an annual appraisal form leads to misunderstanding and a lack of appreciation for the benefits of performance management.

DOL Sues Colorado Company to Recover $82K in Missing Retirement, Health Plan Contributions

The U.S. Department of Labor (DOL) has filed a complaint in the U.S. District Court of Colorado against Central Security Communications Inc., CEO Robert Millikin, and fiduciary Howard Klinger to restore more than $82,000 owed to the Greeley, Colorado-based company’s retirement and health plans, as well as additional lost income, according to a new DOL […]

Payroll Issues During Blizzards and Snow Days

As we head into the heart of the winter storm season, it is inevitable that employers could face some severe snowstorms and blizzards in February. Hence, this is an excellent time to brush up on the wage and hour laws, which dictate whether you are required to pay salary or hourly wages to employees who are unable to get to work during a blizzard or severe snowstorm. Here is a timely refresher article on these issues.