Tag: Policies

Results In! Retirement Benefits Survey Says …

Survey results are in for the 2014 Retirement Benefits Survey. Highlights: 86.6% of the employers responding to our 2014 survey offer either a 401(k) or 403(b) retirement savings plan to employees. 60.3% of the employers responding to our survey that offer a 401(k) or 403(b) plan to their employees also provide a matching contribution. 41.4% […]

Downsized Employee with Lupus Advances ADA, FMLA Claims

An Oklahoma receptionist diagnosed with Lupus less than two months before losing her job to a reduction in force has advanced her state and federal disability bias and retaliation claims against her former employer following a federal district court ruling. Cynthia Reed, whose position was eliminated and mostly automated just two days after she requested […]

Requiring Notes for Each Intermittent FMLA Absence Could Be Improper

A company’s policy of requiring a doctor’s note for each intermittent absence under the Family and Medical Leave Act violates FMLA because the policy directly conflicts with FMLA’s recertification procedure. So ruled a federal district court in a consolidation of cases that presented an issue of first impression in the jurisdiction of the 9th U.S. Circuit Court […]

WA County Will Pay $215,000 to Quell HIPAA Allegations

A county government in Washington state agreed to pay $215,000 in a settlement with the U.S. Department of Health and Human Services, after its report of a minor breach led to an HHS investigation that found “general and widespread noncompliance” with HIPAA privacy and security rules. The incident originally reported by Skagit County, Wash., in […]

Firing of Formerly Drug-addicted Pharmacist Okay Under ADA

Wal-Mart has successfully defended a putative class action alleging that its failure to employ former drug addicts as pharmacists violates the Americans with Disabilities Act. The retailer was able to show that the lead plaintiff was fired because he was previously charged with forging prescriptions — not because of his history of addiction. The suit […]

Fired Employee Declined FMLA and Broke Attendance Rules

If an employee does not wish to take leave under the Family and Medical Leave Act but continues to be absent from work, then he or she must have a reason for the absence that is acceptable under the employer’s policies, otherwise termination is justified. This assertion by the 9th U.S. Circuit Court of Appeals […]

Surveillance and Secrets—More Social Media Risks

In yesterday’s Advisor attorney Elijah Yip covered the first two S’s of social media management, Search and Speech; today, Surveillance and Secrets, plus we announce a timely webinar that will show you how to maximize the effectiveness of your job descriptions. Yip, who is a litigation partner at the Honolulu office of law firm Cades […]

The 4 Four S’s of Social Media Risk

Social media is clearly part of the cultural fabric, says attorney Elijah Yip, but that doesn’t mean there aren’t risks when employers use it or try to limit employees’ use of it. The 4 S’s of Social Media Risk Yip, who is litigation partner at the Honolulu office of law firm Cades Schutte LLP, offered […]

Firing: Lay the Groundwork … or Else

The list of dangers that employers face in firing employees is seemingly endless. How can you safely fire a poor performer who’s pregnant, who’s on medical leave, or who just filed a workers’ compensation claim? What about the employee with the perpetually bad attitude who also happens to be trying to organize your workforce or […]