Day: April 18, 2012

Policy Makers Ignorant of FWA Realities?

The Obama Administration has initiatives in worklife balance including flexible work arrangements (FWAs), says attorney David Fortney, but those making the proposals are often not cognizant of the true effect of their mandates. Fortney is a co-founder of law firm Fortney & Scott, LLC in Washington, DC, and is editor of the Federal Employment Law […]

Arizona Surgery Practice to Pay $100,000 in HIPAA Settlement

A heart surgery group practice agreed to pay $100,000 to settle federal allegations that it chronically neglected standard HIPAA requirements such as risk assessment, training and business associate contracts, the U.S. Department of Health and Human Services (HHS) announced April 17. This settlement, coming hard on the heels of HHS’ $1.5 million agreement with BlueCross […]

A Peculiar Line of Commerce: Supreme Court Weighs FLSA Status of Rx Sales Reps

The pharmaceutical industry made its case to the U.S. Supreme Court April 16 that pharmaceutical sales representatives (PSRs) are “outside salesmen” under the Fair Labor Standards Act and thus are exempt from the FLSA’s overtime requirements. A lot is at stake in the Court’s upcoming decision, since requiring overtime pay for PSRs could impose billions […]

How Can I Avoid Suits Related to Hiring Practices?

West, principal of Employment Practices Specialists in Pacifica, CA, offered her tips at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. Here are West’s tips for avoiding hiring lawsuits: Use application forms Ask about felony convictions READ the completed application Look for and ask about gaps in employment, missing information Check references […]

Wendy’s In Hot Water After Turning Away Cook With Disabilities

The U.S. Equal Employment Opportunity Commission is suing a Killeen, Texas branch of the fast food franchise Wendy’s for turning down a job applicant because he is hearing-impaired. The EEOC charges in its suit that the restaurant’s general manager refused to hire Michael Harrison, Jr. for a cooker position, despite his qualifications and experience, upon learning that […]

Brinker Decision Pushes Meal, Rest Breaks Top of Conversation

Last week, the California Supreme Court issued an opinion in a closely watched case dealing with meal and rest breaks for employees. Brinker Restaurant Corp. v. Superior Court clarified meal and rest break practices for employers in California; however, the case is generating interest in other parts of the country as well because of the […]

401(k)s, Free Food, Pet Insurance—What Benefits Are Best Employers Offering?

For years, BLR has surveyed HR, compensation, and benefits professionals to find trends in benefits. We appreciate your participation in our series of brief, targeted benefits surveys. Today’s survey topic: Benefits Other than Health Insurance. (We’ll publish the results in a future issue.) Complete the Benefits Other than Health Insurance Survey now Please participate in […]

Bipolar Disorder

Understanding Employees with Bipolar Disorder

It may seem like an easy decision to fire an employee who is disruptive at work, shows up late or not at all, and keeps coworkers on edge all the time. It’s also an easy decision for an employer to go to great lengths to hold on to an employee who is talented, creative, passionate, […]

Collaboration vs. Control: A Classic Workplace Power Struggle

“I think it’s a natural tendency for people to want to be in control,” says business and leadership blogger Dan Oswald. “In fact, I read the other day that the feeling of a lack of control contributes significantly to a person’s stress level. So, it makes sense that all of us would prefer to be […]