New FMLA: Tricky Questions Answered
Surveys consistently show that managing Family and Medical Leave Act (FMLA) issues is one of the most time-consuming—and annoying—areas HR professionals tackle. BLR’s experts at Compensation.BLR.comshare answers to some of the trickier questions they get. Q. The law defines a health condition as serious if the employee is treated by a healthcare provider for more […]
Employment Law Tip: Avoiding Negligent Hiring Claims
If you hire an employee who later turns out to be violent—and maybe injures a co-worker or a customer—you could get slapped with a negligent hiring lawsuit. How can you avoid this situation? Here are some steps to take:
News Notes: Ninth Circuit Says Title VII Claims May Be Arbitrated
Several years ago, the federal Ninth Circuit Court of Appeals ruled that mandatory arbitration agreements are unenforceable for discrimination claims brought under Title VII, the federal anti-bias law. But the court has now called this ruling into question. In a new case, the court found that Circuit City employee Monir Najd had to arbitrate […]
Bulletin Item: Recommendations Made to Prohibit Phone Use While Driving
The National Transportation Safety Board has recommended that legislation be adopted to prohibit the use of cellular phones while driving, especially for inexperienced drivers. For guidance in adopting mobile phone use policies for your organization, see CEA September 2001.
Bulletin Item: Gov. Davis Vetoes Bills Before Leaving Office
Among the bills that failed to win the governor’s approval were AB 1715, which would have prohibited employers from requiring employees to sign agreements to arbitrate Fair Employment and Housing Act claims as a condition of employment; AB 1093, which would have set a living wage for employees of state contractors; AB 1133, which would […]
Bulletin Item: New Law Making Employers Liable For Harassment By Nonemployees Is Retroactive
A California appeal court has ruled that a new law (AB 76) holding employers liable for harassment by nonemployees, including clients, customers, and vendors, is retroactive to lawsuits that were already pending when the measure was signed into law last year by former Gov. Davis.
Bulletin Item: Employee Benefits Security Administration to Release Final COBRA Rules Early Next Year
Once DOL finalizes these rules, employers will have six months to implement new COBRA procedures. As soon as the new rules are released we will detail what you’ll need to do to implement the changes.
H-2B Visa Cap Reached for 2006
The U.S. Citizenship and Immigration Services (USCIS) has announced that the cap has been reached for H-2B work visas for the final six months of 2006. The H-2B visa program allows employers to request foreign workers to fill a one-time, peak-load, intermittent, or seasonal need for labor when no workers are available in the local […]
News Notes: More Employers Having Difficulty Administering Family Leave
A new Department of Labor study reveals that employers are generally less positive about the Family and Medical Leave Act than their employees. Although a majority of employers reported that the FMLA is easy to administer, the figure dropped sharply from 85% in 1995 to 63% in 2000. More employers in 2000 than in 1995 […]