| Thursday, August 21st, 2014
"In yesterday’s Advisor, we presented the first five of Attorney Aaron Zandy’s 10 lawsuit magnets—the most costly management mistakes. Today, the rest of the 10, including failure to pay correctly."
[Go here for failures 1 to 5.]
6. Failure to Pay Correctly
Yes, it’s the pay thing. Zandy’s danger zones are:
| Thursday, August 14th, 2014
"In yesterday’s Advisor, we covered several tricky aspects of pregnancy discrimination as clarified in recent guidance issued by the Equal Employment Opportunity Commission (EEOC); today, more about pregnancy policies."
[Go here for the first part of the discussion on pregnancy discrimination]
May an employer require a pregnant employee who is able to perform her job to take leave at any point in her pregnancy or after childbirth?
| Wednesday, August 13th, 2014
"“Pregnant women shouldn’t be stressed.” “Pregnant employees should take leave their last month.” “Pregnant employees shouldn’t travel.” Pregnancy discrimination is often motivated by concern (or chauvinism). In fact, though, those attitudes are discriminatory. And the plot thickens if a disability or FMLA leave is involved. EEOC’s recent guidance helps employers figure out where they stand."
On July 14 the Equal Employment Opportunity Commission (EEOC) issued enforcement guidance on pregnancy discrimination accompanied by an extensive and practical Q&A. The new guidance, the first to address pregnancy discrimination since 1983, focuses on how the 2008 amendments to the Americans with Disabilities Act (ADA) may apply to employees with pregnancy-related disabilities.
| Tuesday, August 5th, 2014
"SPECIAL from SHRM Annual Conference and Exposition, Orlando
Future companies will need only two employees—a person and a dog, says Tom Friedman, a 3-time Pulitzer Prize winning New York Times columnist. The person’s job is to feed the dog, and the dog’s job is to keep the person away from the machines."
Friedman, who offered his comments on the future of business and HR at the SHRM Annual Convention and Exposition held recently in Orlando, Florida, says there are two burning questions today: One, What are the big tech changes reshaping our world? and two, How is my kid going to get a job?
| Tuesday, July 29th, 2014
"The cover article in the June issue of Harvard Business Review is titled “The Big Idea: 21st-Century Talent Spotting.” Since all of us as managers are constantly on the lookout for talent, the title, of course, grabbed my attention. The author, Claudio Fernández-Aráoz, a senior adviser at a global executive firm, boldly claims that potential is “the most important predictor of success at all levels.”"
Fernández-Aráoz says that potential is the fourth era of talent spotting. Here are the previous three:
| Monday, July 14th, 2014
"In yesterday’s Advisor
we covered many of the requirements and pitfalls of FMLA designation; today, rules around mistaken designation. Once again, for help we turn to the guide many call the “ FMLA Bible.”"
What can you do if you discover that you’ve mistakenly designated leave as FMLA-qualifying? Several cases help point the way to the policy you should follow.
Employer’s Promise (Designation) Must Be Kept
Some courts have held that employees are entitled to FMLA protections based on representations made by the employer, even if the employer’s representation is based on a mistaken designation. (See Murphy v. FedEx National LTL, Inc., 618 F.3d 893 (8th Cir. 2010); and Daniel Dobrowski v. Jay Dee Contractors, Inc. (6th Cir. 2009).)
| Monday, July 14th, 2014
"Employers’ FMLA obligations are many, and pitfalls abound. One of the earliest places to make a mistake is in the supposedly simple act of designating the leave as FMLA-qualifying. For help, we turned to the “FMLA Bible.”"
When the employer has enough information to determine whether the leave is being taken for a FMLA-qualifying reason (e.g., after receiving a certification), the employer must notify the employee whether the leave will be designated and will be counted as FMLA leave within 5 business days, absent extenuating circumstances.
| Sunday, June 22nd, 2014
"If you don’t take advantage of your Family and Medical Leave Act (FMLA) tools, and you don’t do all you could or should do, you have only yourself to blame when there’s abuse, says attorney Stacie Caraway."
Caraway, who is a member of Miller & Martin PLLC, in the Chattanooga office, offered six tips for reducing FMLA abuse during a recent webinar sponsored by BLR®. Here are her six tips for dealing with FMLA abuse.
Tip # 1—Don’t Accept ‘Unknown’ Certs
FMLA certifications (certs) are like an “FMLA prenuptial agreement,” says Caraway. Once you certify leave based on a cert that says “unknown” or “as needed,” your hands are tied; you can’t change the agreement until that cert expires. That means you’ve given your employee carte blanche to come and go as he or she pleases.
| Tuesday, June 3rd, 2014
While the FLSA allows some very specific pay deductions for exempt employees, such as taxes and wage garnishments, it's typically quite strict about the fact that exempt employee pay shouldn't be reduced for exempt employee absences in most cases. It's important for employers to understand when certain payroll deductions may be perfectly legal, and when others may not be under federal law so they can keep their organization in compliance.
Let's take a look at some of the exceptions—some of the rare instances where exempt employee pay can be reduced for absences.