Articles and Blogs

HR Insights for Health Care

Disability Law Remains Uncertain as the Anniversary of the ADAAA Regulations Approaches


Posted on March 7, 2012 in HR Insights for Health Care

Written by: Jennifer H. Gonzalez

As we approach the one-year anniversary of the ADAAA regulations, we have caught only a glimpse of the true effect of these legal changes. We have seen a string of multi-million dollar settlements from the EEOC involving class disability claims, culminating in Verizon’s payout of $20 million for an allegedly “illegal” and “inflexible” no-fault... READ MORE

Tags: , , , , ,

NLRB Notice Posting Rule – Court Strikes Down Enforcement Provisions, But Notice Must Still Be Posted


Posted on March 5, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

On March 2, 2012, the enforcement provisions of the NLRB’s Notice of Employee Rights posting rule were struck down by a federal district court for the District of Columbia.  The ruling let stand the overall requirement that private employers must post a Notice of Employee Rights prescribed by the NLRB on and after April... READ MORE

New (Old) FMLA Forms Approved Through 2015 – GINA Safe Harbor Is Still Missing


Posted on February 29, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Many employers use the U.S. Department of Labor’s model FMLA forms as the basis of their paperwork in granting FMLA leaves.  Take a look at the top right hand corner of those forms.  It’s very likely that it says the form expires on December 31, 2011 (or even earlier).  In February the DOL issued... READ MORE

Tags: , , ,

We Are Being Audited by ICE – Should We Go Back and Fix Our Problems Now?!


Posted on February 20, 2012 in HR Insights for Health Care

Published by: Hall Render

The employer hears a knock at the door.  Surprise!  ICE is on the other side to serve the employer with a Notice of Inspection to audit Forms I-9.  Of course, the employer repeats the ever-popular phrase, “Keep Calm and Carry On,” but what happens next?  Thoughts may be racing through the employer’s mind such... READ MORE

Tags: ,

Right-to-Work: Now There Are Twenty-Three


Posted on February 17, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

The Right-to-Work movement notched a victory in February 2012 when Indiana became the latest state to pass Right-to-Work legislation.  This article discusses Right-to-Work implications for employers and employees working in both unionized and non-union environments. The Battle for Employees’ Right-to-Work in Indiana On February 1, 2012, Indiana became the 23rd state to adopt a... READ MORE

Tags: ,

I Didn’t Know They Were Working – Do I Still Have to Pay Them?


Posted on February 11, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Suppose one of your supervisory employees – for over eight years – clocked in 15 to 45 minutes before the start of her shift 5 AM early morning shift and spent most of that time doing tasks related to her normal duties.  Then, your employee sues you and claims that she has been underpaid... READ MORE

Tags: , ,

Say What You Mean and Mean What You Say


Posted on February 10, 2012 in HR Insights for Health Care

Written by: Stephen W. Lyman

Every “day” we see examples where the usage of ambiguous wording in employment policies leads to confusion and litigation.  While the people who drafted the wording may have decent annual salaries and may have understood what their wording was intended to mean, one wonders if they should “also receive two weeks paid vacation per... READ MORE

Tags: ,