Author: Dan Oswald

Pregnancy—Was Termination Legit, or Was It Discrimination?

By Beth Kahn and Timothy J. Toohey A California employer fired a pregnant employee for violating its policy on reporting missing customer deposits. On appeal, the California Court of Appeal considered whether the employee had a claim for pregnancy discrimination and whether the employer had a legitimate reason for terminating her.

Third Time Not the Charm for California School District

A California sexual harassment case was tried by a jury three times. The first time, the jury found in favor of the school district. The second time, a mistrial was declared before a verdict was rendered. The third time, the jury awarded the employee $199,399 for her sexual harassment claim. Read on for the details.

Amendments to FEHA—What Employers Need to Know

By Joan Farrell, JD, Senior Legal Editor New amendments have recently been approved to California’s Fair Employment and Housing Act (FEHA) regulations, and employers must take notice and act accordingly. BLR® Senior Legal Editor Joan Farrell, JD, has the necessary information to bring you up to speed.

Care Coordination: Providers, Payers & Plans Put Consumer First

Health plans and their sponsors should pay close attention to the health care providers that are improving consumer experiences and clinical outcomes, and take note of how they are doing it. In a system where it’s every provider for himself, provider have little incentives to make it easier for patients to get care, to improve […]

ADA: Nebraska Supreme Court Adopts Standard for Employee FFD Exams

By Bonnie M. Boryca, JD Some jobs require employees to be able to perform particular physical tasks. An employer may require applicants for those jobs to submit to a medical exam before beginning work. In certain circumstances, you may even require a current employee to submit to a medical or “fitness-for-duty” (FFD) exam to ensure […]

Ask the Expert: Medical Recertification for Employee’s Wife?

We have an employee who has been on intermittent FMLA for a long time due to his wife’s chronic health condition. May we ask for an updated medical certificate from his wife’s doctor? We are concerned that he may be misusing the system. It’s been 5 years since we obtained the first certificate of serious […]

Determining FMLA Eligibility: The 3-Prong Test

Oftentimes employers neglect to take the critical first step in administering Family and Medical Leave Act (FMLA) leave—determining employee eligibility. Taking defined, consistent steps in determining employee eligibility helps employers not only properly deny leave when appropriate, but also to grant leave for a period of time that is reasonable and necessary.