Human Resources

From employment law to compensation and benefits, FMLA and hiring and firing and more, Business Management Daily provides comprehensive Human Resources updates.

Discover how your colleagues – and competitors – are dealing with discrimination and harassment, employment law, benefits programs, and more.

HR Law 101: Since passage of the 1991 Civil Rights Act, jury trials now are allowed when the plaintiff alleges intentional discrimination and seeks compensatory or punitive damages. However, a jury can’t be told of the statutory limits on the amount of compensatory and punitive damages it can award ...

HR Law 101: One of the risks you run when key employees quit is that they could potentially leak valuable information. If you take the precaution of having them sign covenants not to compete and confidentiality covenants when they join your organization, you may be able to limit this risk ...

Under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), group health plans can't discriminate against employees and their dependents based on health factors, or treat similarly-situated individuals differently. Final regulations, effective for plan years beginning July 1, 2007, implement these non-discrimination provisions. These provisions vary only slightly from interim final regs, which have been in effect since 2001. The regs make significant changes to wellness programs. As a result, employers with wellness programs will need to review them to ensure that they conform to new regulatory mandates.

HR Law 101: The ADA protects recovering and former addicts, but not current users of illegal drugs. The law also covers workers who are alcoholics, but that doesn't mean you have to tolerate them coming to work drunk ...

HR Law 101: Severance policies are generally considered employee benefit plans entitled to ERISA protection, many courts have ruled. For employers, that means conforming to ERISA’s recordkeeping and disclosure requirements ...

WARN Act

by on March 9, 2007 12:00am
in Firing,Hiring,Human Resources

HR Law 101: The Worker Adjustment and Retraining Notification (WARN) Act of 1988 requires certain employers to give affected employees 60 days’ notice of an impending layoff or plant closing. Employers can be liable for back pay to employees for any portion of the 60-day notice period ...

HR Law 101: Despite all the risks, providing other employers with references about your former employees is a good business practice. If you refused to provide references, eventually you would compromise your ability to find out about applicants you’re considering hiring ...

The Tax Relief and Health Care Act of 2006 allows employees to elect to directly roll over amounts remaining in their flexible spending accounts (FSAs) or health reimbursement accounts (HRAs) at the end of a plan year into health savings accounts (HSAs). Rollovers must be made into HSAs by January 1, 2012. The IRS has issued a notice covering these rollovers.

HR Law 101: Under the federal Age Discrimination in Employment Act, employees must be 40 or older to file an age-bias lawsuit. But several states (among them Maine, Michigan, New Jersey, New York and Oregon) don’t include a minimum age at which legal protection begins ...

HR Law 101: There are two important reasons why you should conduct regular appraisals of your employees’ performance. First, periodic and competent appraisals reduce the opportunity for a discharged employee to claim unfair treatment. The appraisal process alerts employees to what you expect of them, areas in which they're deficient and how they can improve their performance. Second, appraisals constitute documented proof of unsatisfactory performance that will help you justify employment decisions ...