Practical HR Tips, News & Advice. Updated Daily.
By: Krista J. Griffith and Lynn Mueller, Felhaber Lawson This article series examines similarities and differences between the Family and Medical Leave Act (FMLA and the so that you can stay in compliance when both laws apply. Here, we compare the notice and posting requirements for employers under each law.
We found numerous, significant errors by an employee while she was out on FMLA. The employee was on leave for mental impairments that are considered disabilities under the ADA. (When she returned from leave, she was transferred to another office pending further investigation of the errors.) Can we terminate her for her performance prior to […]
In yesterday’s Advisor we looked at a few examples of recent wins for employers in the courts concerning federal discrimination lawsuits. Today, we present another example. Regardless of the type of claim that comes your way, having good documentation and following the rules can usually protect you, as it did in these cases.
We constantly hear about cases where employers are found to be in violation of federal regulations and are summarily fined and, often, successfully sued. Today, we’ll look at when claims against employers don’t hold up in court and what you can learn from them.
Yesterday’s Advisor covered when at-will employment doesn’t hold up. Each state has many exceptions, and today we’ll cover a few more, as well as discuss how employers can make sure their at-will policies stick. Situations Where At-Will Employment Will Not Apply, cont.: In addition to when an at-will employment is superseded by an actual contract, […]
When you hire a candidate “at will” you may think you are completely protected from legal repercussions should you decide to let that employee go. Think again. There are many exceptions, exemptions, and special considerations to contemplate whenever a candidate is hired at will. “At-will employment” refers to the ability of any employer or employee […]
A recent effort by the Department of Labor (DOL) to revisit how employees versus independent contractors are classified makes it clear that they mean business. Perhaps the most startling feature of their new effort involves how the DOL will likely consider all workers to be employees rather than independent contractors. Only those who fit strict […]
Employees can take a full 12 weeks of FMLA leave (assuming that they have had no other leave-qualifying events during the 12-month period) for the birth, adoption, or foster care of a child (sometimes referred to as “bonding leave”). Bonding leave is available to either men or women, and no medical certification is required. However, […]
The Glasshouse Report claims it has a product that can “eliminate employee lawsuits.” The question, besides whether it’s even possible: can The Glasshouse Report deliver on that claim? Many new and interesting HR tools and techniques were showcased at the Society for Human Resource Management’s (SHRM) Annual Conference and Exposition, held recently in Las Vegas. […]
USERRA is the Uniformed Services Employment and Reemployment Rights Act. In short, it creates protections for uniformed servicemembers to keep their civilian jobs during a deployment or training period. USERRA was established in 1994 and serves as a clarification and addition to the Veteran’s Reemployment Rights (VRR) Statute. The aim of USERRA is to ensure […]