Tag: employer

Mississippi

ADA and FMLA Best Practices Pay Off for Cash-Handling Company

The U.S. 5th Circuit Court of Appeals (which covers Louisiana, Mississippi, and Texas) recently upheld a jury’s verdict in favor of an employer on an employee’s lawsuit under the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA). The verdict was the result of several things the employer did correctly in response to the employee’s medical issues. This case is worth another look.

Coordinating FMLA with State and Federal Laws

In this article series, we’ll focus on the intersection of the Family and Medical Leave Act (FMLA) and how it affects many other laws, including the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply to medical or disability leaves. Additionally, the FMLA may intersect with a variety of employer-provided leaves […]

California

Are Commissioned California Employees Entitled to Separate Pay for Rest Periods?

Rest period violations are a source of enormous potential liability for employers, so it’s critical to ensure that you are appropriately compensating employees for their rest periods. A California appellate court recently tackled the issue of whether commissioned employees are entitled to separate compensation for rest periods and whether that requirement may be satisfied by paying them a guaranteed minimum hourly rate as an advance on commissions.

Kentucky

Was Attendance an Essential Job Function for AT&T Customer Service Rep?

An AT&T customer service representative (CSR) recently filed a lawsuit against her employer citing disability discrimination, but the employer, citing attendance as an essential job function of her position, claimed she was terminated for her frequent absences. Was the employee discriminated against? The 6th Circuit Court of Appeals—which covers Kentucky, Michigan, Ohio, and Tennessee—has the answer.

background check

New Study Debunks Major Myths Around Background Checks for Employers

“Never judge a book by its cover.” A common phrase that in terms of recruitment means something very unique. When it comes to selecting the best candidates to work for your company, going deeper than just face value should be a routine practice. According to a new CareerBuilder survey that outlines myths around background checks, […]

Taxes

What HR Needs to Consider About their Business Vehicle Program During Tax Season

While there is still a short window of time for individuals to file and close out on last year’s taxes, for most companies, tax season is already in the rearview mirror. An often overlooked way to reduce employer taxes is within the business vehicle programs. By using this year’s tax season as a time to reevaluate, businesses can implement sound policies and programs to ensure the organization and the employee are in the best position come tax time next year.

FMLA

The Risks of Unpaid Leave and the FMLA

When dealing with the Family and Medical Leave Act (FMLA), employers can create an actual legal entitlement to leave. In the spirit of being nice, but not too nice, here’s what all employers should know about managing employee leave before and immediately after employees become FMLA-eligible.

California

Was CBA Sufficient to Compel Arbitration of California Nurse’s Wage and Hour Claims?

A nurse filed a class action lawsuit against her former employer alleging wage and hour violations, including failure to provide meal and rest breaks and pay overtime. The hospital asked the court to compel arbitration, relying on arbitration provisions in a collective bargaining agreement (CBA). Read on to see if the court granted the employer’s request.