ACA Will Make Wellness Even More Important


"In yesterday’s Advisor, we got attorney Frank C. Morris Jr.’s take on legal issues around wellness programs; today, how the ACA will make wellness even more attractive for employers, plus an introduction to the guide especially written for small, or even one-person, HR departments."

Your wellness program may get much more important under the Affordable Care Act (ACA), says Morris, a member of the firm Epstein Becker Green in its Washington, D.C., office who specializes in benefits.

There are already many benefits to wellness programs, but Morris is convinced they will become even more crucial as the ACA unfolds over the next several years.

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Here Comes EEOC 2013—Charges, Investigations, and Claims


"Yesterday’s Advisor offered tips from Littler Mendelson’s recently released Annual Report on EEOC Developments—Fiscal Year 2012; today, data on charges and investigations, plus an introduction to a very practical guide to FLSA compliance."

Review of Charge Activity, Backlog, and Benefits Provided

On November 19, 2012, the EEOC announced the publication of the FY 2012 Performance and Accountability Report. During FY 2012, the Commission again received nearly 100,000 charges, with the past 3 years involving a record number of charges in the Commission’s 47-year history.

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Littler’s EEOC Activity Report—No Relief for Employers


"Littler Mendelson’s recently-released Annual Report on EEOC Developments—Fiscal Year 2012 shows that there will be no letup on employers in 2013. The report indicates that the agency recovered a total of $365.4 million in monetary benefits in FY 2012, the highest level ever achieved through the administrative process. Employers beware."

Why Pay Is an Easy-to-Litigate Issue

Harassment (“He made me uncomfortable”) is vague and often tough to prove, and discrimination (“You didn’t hire me because I am a member of a protected class”) is also hard to prove. But with pay issues —it’s there in dollars and cents for the agency rep or a jury to see.

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People Are People, Not Human Resources


"It’s always good to remember that people are people, says business and leadership blogger Dan Oswald. In our society, we tend to put some people on a pedestal. Athletes, actors, musicians, and even business executives are revered and idolized. Consider how Michael Jordan, George Clooney, Elvis Presley, and Steve Jobs are perceived."

Oswald, CEO of BLR®, offered his thoughts on leadership and people in a recent edition of The Oswald Letter.

Elvis—only his first name is necessary—is still the second best-selling artist of all time (only behind The Beatles), and he’s been dead for more than 35 years! Somehow we elevate these people to godlike status, but they’re very human.

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Can You Transfer Employees on FMLA? Yes … Sometimes


"It is lawful to transfer employees on intermittent or reduced-schedule Family and Medical Leave Act (FMLA) leave, but only under limited circumstances, says Attorney Drew Alexis. Caveat: There is one common mistake that should be avoided."

Alexis, Of Counsel at the Kinaga Law Firm in Los Angeles, offered his FMLA tips at BLR’s Advanced Employment Issues Symposium held recently in Las Vegas.

Transferring Employees on Intermittent Leave or Reduced-Schedule Leave

There are only two situations in which employers may transfer employees to another job that better accommodates their new intermittent schedule, says Alexis:

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