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by Susan M. Webman, Fortney & Scott, LLC For a number of years, the issue of whether the Uniformed Services Employment and Reemployment Rights Act (USERRA) created a claim for hostile work environment based on membership in the uniformed services, a right not definitively named in the Act, has been raised in the trial courts. […]
A worker with bipolar disorder was awarded more than $56,000 after a federal district court found that his employer fired him because of his disability, in violation of the Americans With Disabilities Act (ADA). The case is one of the first bipolar disorder suits the U.S. Equal Employment Opportunity Commission (EEOC) has brought to trial. […]
Getting good results from an employee wellness program requires a continuing organizational commitment and understanding of what motivates individual employees, wellness expert Brad Cooper told a recent Thompson Interactive webinar. He warned of some common wellness program pitfalls. One is a “check-the box” approach — such as setting up a biometric screening and distributing a […]
Federal offices have to follow federal travel guidelines, and federal rates form the basis of tax treatment of private sector business travel reimbursements as well. But what happens when the federal government agency that develops travel policy goes astray from its own guidelines? The report by GSA Inspector General (IG) Brian D. Miller said that […]
An exempt employee must actually be paid in order to retain that exempt status, the 6th U.S. Circuit Court of Appeals recently held. The case, Orton v. Johnny’s Lunch Franchise, involved a salaried employee who sued his employer for wages and overtime when, after beginning to experience cash flow problems, the employer stopped paying his […]
FMLA certification can be tricky to administer. On one hand, it’s a fairly straightforward way to ensure that the employee is truly eligible to take FMLA leave. On the other hand, what are you to do when the employee repeatedly forgets to give you the certification form from his doctor, or fails to return it […]
By Don Dressler, Don Dressler Consulting Are you ready for Cal/OSHA inspectors? Each year Cal/OSHA inspects between 9,000 and 10,000 employers in California, with 240 field personnel devoted to this task. If one of your employees has a serious injury (which must be reported to Cal/OSHA within 8 hours), that will likely trigger an inspection. […]