Thursday May 9, 2024

ADA lawsuit? But she wasn’t even disabled!

Employers beware: Just because a worker isn’t disabled doesn’t mean she can’t hit you with an ADA lawsuit.   Though rarer than typical ADA compliants, companies can come under fire for “associational ADA bias.” That’s when a worker claims his or her employer discrimination against him or her for the employee’s relationship to a disabled […]

Careful: Some new wrinkles in Form 5500

When HR pros go to file Form 5500 this time around, they’re going to notice some questions that weren’t there before.   That’s because the IRS has decided to include some new compliance questions for the 2015 plan year. The agency has released a FAQ guide to the compliance questions. The good news? Answering the questions is […]

Payroll: Do you know what’s costing the most time and money?

Payday makes employees want to stand up and cheer. Payroll is a different story — it makes HR pros want to rip their hair out.   Running payroll is a long and frustrating process, complete with roadblocks and costly mistakes. At the end of the process, time and money have been wasted and HR is […]

Some real guidance on where ADA and FMLA overlap

After the ADA was expanded, courts have consistently ruled that employers must consider offering additional leave as a “reasonable accommodation” for disabled employees after they exhaust their FMLA allotment. Problem is, employers have been given very little guidance as to when and where this accommodation should apply.   Here’s some sensible advice from a session featuring FMLA Insights […]

Are you using mobile devices to bolster training programs? It’s time

As a more tech savvy crowd enters the workforce, it’s critical that employers start to use all the benefits mobile technology has to offer.  Reason: Almost everyone today has a smartphone they use to perform at least some work-related tasks on the go – answering email, making calls, conducting research, etc. And it pays to alter training […]

FMLA: Is phone text enough to provide notice of need for leave?

More employees are communicating with their managers via texts. So what are your managers supposed to do when a text contains possible medical or FMLA-related info?  That’s a tricky question, and the answer, quite frankly, depends on two things: What your leave policy or call-in policies say, and How your managers have treated employees’ texts […]

FMLA: Is phone text enough to provide notice of need for leave?

More employees are communicating with their managers via texts. So what are your managers supposed to do when a text contains possible medical or FMLA-related info?  That’s a tricky question, and the answer, quite frankly, depends on two things: What your leave policy or call-in policies say, and How your managers have treated employees’ texts […]

News flash: Applicants don’t have to tell you whether or not they’re pregnant

Yes, you can fire people when you discover they were less than forthright in their interviews.   Just not when the information withheld is their pregnancy (or some other protected medical condition).  The EEOC recently sued Shefa Wellness Center, of Canton, GA, for terminating April Raines, a skin care specialist, almost immediately after it found out […]

Restaurant chain goes the distance in FLSA violations: $500k tab is the result

Now here’s a company that seems to believe in the old adage: “If you’re going to break one rule, you might as well break them all.” A chain of Mexican restaurants in North Carolina will pay a total of $511,745 in back wages to 125 employees for violations of the FLSA. A DOL investigation found […]

New OT rules create ‘perfect storm’ for lawsuits, attorney says

Employers are eager to see what the DOL’s new overtime rules will look like this summer — not because they’re fans, but because they want to see how much their FLSA compliance efforts will have to change in a very short period of time (within 60 days, most likely).  Employers don’t know exactly what the […]