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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.

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Don’t try to “create” artificial overtime for a disabled em­­ployee so she’ll be forced to use up her FMLA entitlement. That’s especially true if no one else is required to actually work overtime. Such a tactic will backfire.
Barring a sudden and unexpected outbreak of congressional cooperation, the federal government will run out of money on Oct. 1 and shut down—at least temporarily. What does that mean for DOL enforcement activities? Here’s the likely scenario.

You might assume that someone won’t sue if they’ve been accused of sexual harassment by several employees and cited for poor performance. You could be wrong. That’s why you should document every discharge decision as if you expect a lawsuit.

Workers in these industries face job prospects that grow dimmer each year.
In an important decision on whether employers can limit an employee’s access to an administrative hearing on wage claims, the California Supreme Court has ordered the parties to file supplemental briefs in light of a recent U.S. Supreme Court decision. In American Express Co. v. Italian Colors Restaurant, the U.S. Supreme Court confirmed its long-standing rule that arbitration clauses under the Federal Arbitration Act will be enforced.

Being a boss is hard enough, but it’s especially difficult when un­­expected absences disrupt production schedules. Unfortunately, it’s a fact of managerial life. That’s why you should remind supervisors that they must not take out their frustrations by retaliating against employees who miss work for legitimate reasons—such as having to care for a sick child.

Initially, there was talk that employers would be hit with $100-per-day fines for failing to notify employees of their health coverage options by Oct. 1. But the U.S. Small Business Admin­­is­­tra­­tion announced last month that “there is no fine or penalty under the law for failing to provide the notice.”
Here’s some good news for em­ployers that promote an employee into a supervisory position not knowing she may have made racist comments in the past. As long as the new supervisor follows company disciplinary rules and HR carefully documents any performance and disciplinary problems, chances are the old comments won’t sink the em­­­ploy­­er’s defense of a discrimination claim.
Office chitchat builds camaraderie and helps break up the day. But when workplace socializing starts to threaten your productivity, call a halt to it with these common-sense tips.
A critical function of the individual health insurance exchanges is to verify that taxpayers are eligible for advance subsidies. But what’s to stop an em­­ployee who has access to affordable group coverage from gaming the system and getting those subsidies anyway? And how will you know?
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