Tag Archives: Human Resources

Intermittent FMLA Leave is So Easy to Administer. Yeah, Right!

FMLA
Block FMLA leave has its own challenges. But intermittent FMLA leave can be downright painful – including the fact that intermittent leave claims are the most common type of lawsuit under the FMLA. When employees need to take scheduled time off for an entire day, week, or even month, an employer has more notice and … Continue reading this entry

“Smoking Guns” and Unofficial Rules: A Reminder for Employers

Marijuana
If you work in human resources, or are an executive or employment lawyer, at some point you probably have thought, heard or said words to the effect of “Juries are very unpredictable and can do some crazy things.” I admit that I often scratch my head reading about the conclusions juries have reached in some … Continue reading this entry

HIPAA for HR - Some Good News for Employers

Employer
The Health Insurance Portability and Accountability Act of 1996 (HIPAA) is a federal law that was enacted to ensure protection of individuals’ protected health information (PHI). The Standards for Privacy of Individually Identifiable Health Information (Privacy Rule) issued by the U.S. Department of Health and Human Services established detailed national standards for the protection of … Continue reading this entry

Mandatory Flu Vaccinations? Immunize Yourself Against Religious Discrimination Claims

Discrimination
You are an HR generalist at a 300-bed community hospital. Your boss has instructed you to make sure that all personnel files document that the employee received the hospital’s annual mandatory flu vaccination. However, you notice that seven employees still have not gotten their vaccinations, two weeks after the deadline. When you email them to … Continue reading this entry

“Accurate” Time Records Must Actually Be Accurate

Supreme
Sometimes it is important to get back to basics and refresh our understanding of topics that are already well-known to human resources professionals.  In this season of confusion, particularly regarding the on-again/off-again Fair Labor Standards Act (FLSA) salary test, it is worthwhile to review the timekeeping records that employers are required to maintain with respect … Continue reading this entry

Short-Term Pain, Long-Term Gain

It is very common for human resources to encourage management to write honest performance reviews, and/or to utilize a performance plan, before terminating a long-term employee based on poor performance. We encourage management to utilize these tools primarily because it is the right thing to do from a values perspective – an employee should be … Continue reading this entry