Tag: Leave Management

EEOC Clarifies Why Screening Out Applicants Without Diplomas Is Illegal

The Equal Employment Opportunity Commission has clarified when and how screening out job applications without high school diplomas may violate the Americans With Disabilities Act. The commission made clear that such a requirement could violate the ADA in an informal guidance late last year, but clarification was necessary after “significant commentary and conjecture,” it said […]

10 Ways to Curb the Most Common Types of FMLA Abuse

What are the most common types of FMLA abuse? Do you have employees who might be abusing the FMLA system? In a CER webinar titled “Stop FMLA/CFRA Abuse: 10 Ways Employers Are Combating Chronic Call-Ins and Fraud,” Marc L. Jacuzzi, Esq., differentiated between suspected abuse versus fraudulent use of the system, and also outlined some […]

PTO Plans vs. Traditional: Plusses and Pitfalls

Absences, like terminations, can be voluntary or involuntary; however, unlike terminations the distinction between voluntary and involuntary absences is not typically determined by who initiates the absence, says Hagan, who is a partner in the Dallas office of Sarles & Ouimet, LLP. He made his suggestions at a recent BLR webinar. Involuntary absences are employee […]

Washington State Legalizes Same-sex Marriage; Will Others Follow Suit?

And then there were seven: Washington Gov. Christine Gregoire (D) on Feb. 13 signed a measure making same-sex marriage legal in that state. Washington joins Massachusetts, Vermont, New Hampshire, Connecticut, New York, Iowa and the District of Columbia as U.S. jurisdictions with that distinction. The Washington law goes into effect on June 7. The Washington […]

Labor Seeks New Funding to Boost FLSA, FMLA Enforcement in 2013

The Obama Administration’s proposed 2013 budget  includes funding to hire 92 additional Wage and Hour Division investigators. The budget would allocate $6.4 million to hire investigators to enforce the Fair Labor Standards Act and the Family and Medical Leave Act, said Nancy Leppink, acting WHD administrator during a webchat on Monday. The funding would allow […]

The 4 Questions to Ask Before Changing to PTO

PTO (see yesterday’s Advisor) is attractive for many reasons, says attorney John P. Hagan, but there are critical questions to ask before switching over from a traditional approach. Hagan, a partner in the Dallas office of law firm Sarles & Ouimet, LLP, made his suggestions at a recent BLR webinar. Here are his four questions: […]

PTO vs. Traditional: Plusses and Pitfalls

PTO plans, which eliminate distinctions between types of leave, do relieve HR of an administrative burden and the dreaded role of “absence police,” but there are some drawbacks, says attorney John Hagan. Absences, like terminations, can be voluntary or involuntary; however, unlike terminations the distinction between voluntary and involuntary absences is not typically determined by […]

EEOC to Hold Feb. 15 Meeting on Pregnancy and Caregiver Issues

The U.S. Equal Employment Opportunity Commissionwill hold a public meeting to discuss pregnancy discrimination and caregiver issues  on Wednesday, Feb. 15, at 9:30 a.m. (Eastern Time) at agency headquarters, 131 M Street, N.E., Washington, D.C. In accordance with the Sunshine Act, the meeting is open for public observation of the Commission’s deliberations. At the meeting, […]

California Same-sex Marriage Ban Unconstitutional, 9th Circuit Says

Employers and plan administrators in California should continue to watch the pendulum regarding same-sex marriage in the Golden State, which has swung again. A three-judge panel of the U.S. 9th Circuit Court of Appeals ruled 2-1 on Feb. 8 in Perry v. Brown, Nos. 10-16696, 11-16577, that Proposition 8, the ballot initiative that amended the […]