Practical HR Tips, News & Advice. Updated Daily.
When a court determines that an employer has interfered with an employee’s right to leave under the Family and Medical Leave Act, the monetary damages can be quite severe. While awards of front pay, back pay and attorney fees are the usual penalties paid by employers found guilty of FMLA violations, FMLA also requires an […]
An employer will pay almost $5 million to settle claims it automatically fired employees who used 12 weeks of medical leave and were not ready to return to work, the U.S. Equal Employment Opportunity Commission announced Nov. 9. The settlement resolves claims EEOC filed alleging that the automatic termination policy violated the reasonable accommodation provisions […]
Good recordkeeping and documentation is key in defending employment discrimination claims, a recent court ruling illustrates. An employee terminated for performance problems alleged that he was fired in violation of the Americans with Disabilities Act, because of his wife’s disability. The employer, however, produced evidence showing that: (1) the employee’s performance was subpar; (2) he […]
Under COBRA’s small-employer exception, employers with fewer than 20 employees do not have to offer COBRA coverage upon what would otherwise be “qualifying events.” This determination is made based on how many employees were employed, on average, during the prior calendar year. When purchasing group coverage, it is important for employers to be mindful of […]
Ignorance regarding recent amendments to the Americans with Disabilities Act is no excuse for noncompliance; employers “should get up to speed” on these changes, the U.S. Equal Employment Opportunity Commission said in announcing a settlement agreement this week. The agency added that the ADA amendments make it clear that employers should not overanalyze whether an […]
Employees claiming FLSA retaliation may also seek compensation for emotional suffering. Although courts are divided over whether such damages are available, four federal circuit courts have ruled that the FLSA does permit such damages, and more federal district courts are adopting this view. These developments make it more important than ever that employers both pay […]
A former employee’s failed attempt to call COBRA coverage a “privately paid” policy, rather than an ERISA plan, in order to maintain state-law claims against a group health insurer offers a chance to remind employers about importance of knowing the legal status of their benefit plans. In the case, the individual sued the insurer for […]
The failure to administer COBRA continuation coverage notices correctly can cost employers and plan administrators money, time and aggravation, says COBRA expert Paul M. Hamburger, Esq. of Proskauer Rose LLP. He provides four tips they can use to help avoid COBRA notice missteps: (1) prepare clear, accurate and complete COBRA notices; (2) be sure to […]
Here’s one positive pattern in COBRA coverage lawsuits: Even if a plan administrator violated the COBRA law, if it acts reasonably under the circumstances, courts are inclined to mitigate the amount of any penalties. But even though the law is more than 25 years old, case law shows there’s still a learning curve about its […]
Based on recent case law, when it comes to social media, human resources (HR) professionals need to be mindful of the scope of their policies, as well as the context of employee comments on that platform, according to the National Labor Relations Board (NLRB). On Jan. 24, NLRB Acting General Counsel Lafe Solomon released his […]