The HR Specialist: Employment Law

The company apparently has failed to connect with the Department of Labor’s rules on what constitutes an exempt employee under the FLSA.

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Q. A 26-year-old employee has terminal cancer and can’t work any longer. Our company is small and doesn’t offer health insurance, and she is not covered on an individual policy. Is it a correct protocol to lay off this employee so she can receive unemployment and other benefits, such as Medicaid?

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Q. An employee failed to participate in open enrollment, thereby losing her insurance coverage. Can she resign and be immediately rehired to enroll in our medical plan as a new hire?

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Q. A departing employee has failed to return certain company equipment. Can we deduct the value of this equipment from her final expense reimbursement check?

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Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz.

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Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz.

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While you likely have a grasp on the definition of unlawful harassment and discrimination, have you thought about what constitutes assault, battery and “intentional infliction of emotional distress” in the workplace?

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Test your knowledge of recent trends in employment law, comp & benefits and other HR issues with our monthly mini-quiz.

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You read that right. Soon you will recall the good ol’ days when employee handbooks could prohibit employees from having a “discourteous or inappropriate attitude or behavior.” The NLRB in April ruled that such language was too broad and could possibly deter employees from discussing their pay or working conditions with colleagues.

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The White House announced June 16 that President Obama will soon issue an executive order that bans federal contractors from discriminating in hiring, firing, compensation or work conditions based on a person’s sexual orientation or gender identity.

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