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Articles by Allen Smith
The reasonable-accommodation process can seem endless, requiring “patience and ongoing attention,” according to Peter Petesch, an attorney at Littler in Washington, D.C.
Some of managers’ worst job-interview slip-ups happen as the interviewers are innocently trying to break the ice and get applicants to relax, according to Barbara Hoey, an attorney at Kelley Drye in New York City.
In another delay of Patient Protection and Affordable Care Act (PPACA) requirements, the U.S. Health and Human Services Department (HHS) extended for two years a transitional policy that provides insurers the option, if allowed by their states, to renew their policies for current enrollees without adopting all of the 2014 market rule changes.
The National Labor Relations Board (NLRB) once again is proposing “quickie election” rules to streamline the union campaign period, the board announced Feb. 5, 2014.
A court struck down previous quickie-election rules because the board did not have a quorum when it originally proposed such rules, three years ago. But now it does.
Expectations, preferably set out in agreements or policies or both, can make all the difference when determining who owns a Twitter handle when an employee leaves a company.
Employers curious about how the Patient Protection and Affordable Care Act (PPACA) is likely to be enforced might look at how enforcement agencies in Massachusetts went after companies when its employer mandate was in place.
The Patient Protection and Affordable Care Act provisions that took effect Jan. 1, 2014, require health care coverage for individual- and small-group markets on one of four levels—referred to as an essential health benefits package—bronze, silver, gold and platinum.
A $14 million award to a whistle-blower who went straight to the Securities and Exchange Commission (SEC) without first bringing the complaint to the attention of the worker’s employer may be a sign of things to come, according to Steve Pearlman, an attorney who is co-head of the Whistleblowing & Retaliation Group at Proskauer in Chicago.
Just when the National Labor Relations Board (NLRB) seemed to have been resuscitated by the appointment of five members, along comes the government shutdown, shuttering the board.
The shutdown will result in the:
“It already is hard to reconcile race and gender data; I suspect adding veteran status to that reconciliation process will not be seamless,” Alissa Horvitz, an attorney at Littler in Washington, D.C., told SHRM Online.
Those who remember The Andy Griffith Show wouldn’t ordinarily picture a sheriff’s office as a place swarming with back-stabbing and gossip. Enter the sheriff’s office of the city of Hampton, Va.
How Dare You Like Someone Else
The DOL is coming! The DOL is coming! So tighten up your Family and Medical Leave Act compliance efforts.
U.S. Department of Labor branch chief Diane Dawson has announced the agency’s intent to do more onsite FMLA investigations “to increase its investigators’ access to information and save time by reviewing documents and interviewing employees onsite,” Anne Larson, an attorney at Ogletree Deakins in Chicago, told SHRM Online.
A DOL spokesperson mentioned these common FMLA violations:
Though they are much less frequently used than H-1B visas, and in spite of calls by employers to make visas more readily available, the Department of Homeland Security recommended curtailing availability of L-1 visas in an August 2013 report.
The most common misconception among employers about the reinstatement requirement of the Family and Medical Leave Act (FMLA) is that it is an absolute requirement, Joseph Lynett, an attorney at Jackson Lewis in White Plains, N.Y., told SHRM Online.
“Many employers believe that there are no limitations on the employee’s reinstatement right under the FMLA when, in fact, there are several,” he said.
The Office of Federal Contract Compliance Programs (OFCCP) issued its final rules to improve job opportunities with federal contractors for people with disabilities and for protected veterans. Its final rule for people with disabilities, more controversial than the one for veterans, eliminated or made more flexible several of the proposed rule’s requirements. The OFCCP issued the final rules on Aug. 27, 2013.