Informed Employer: August 31, 2016 Informed Employer: August 31, 2016

Informed Employer: August 31, 2016

Ice Miller website
 
Headlines
 
 


Judge Says Religious Rights Beat Out Bias in Transgender Lawsuit
A federal court ruling out of Michigan has become a flash point in the debate over transgender rights. U.S. District Judge Sean Cox threw out a lawsuit the federal government brought against a Detroit-area funeral home over the firing of a transgender employee, saying the Equal Employment Opportunity Commission failed to accommodate the religious beliefs of the funeral home's owner, who said he feared violating "God's commands" by permitting one of his directors, a biological male, to wear a skirt-suit while ministering to grieving customers.
(Source: The Wall Street Journal, 2016-08-19) Read the full article
Employers Boosting Hiring of Workers with Criminal Pasts
As the economy improves, it's becoming more difficult for employers to recruit and hire qualified employees. This is nudging organizations to take another look at job applicants who have been incarcerated.
(Source: BNA, 2016-08-29) Read the full article
Paper Argues Paid Sick Leave Can Significantly Reduce Flu at Work
Everyone knows staying home from work when you have the flu helps protect your co-workers from getting sick, but unfortunately not everyone does it. A new National Bureau of Economic Research paper argues that one reason for that is not having access to paid sick leave.
(Source: The Wall Street Journal, 2016-08-23) Read the full article
DHS Releases Rules Easing Entry for Foreign Entrepreneurs
Foreign entrepreneurs would have an easier time starting businesses in the U.S. under proposed regulations released by the Department of Homeland Security. The long-awaited proposed regulations would allow the DHS secretary to temporarily admit, on a case-by-case basis, entrepreneurs who meet a certain set of defined criteria related to the success of their startup companies and how many jobs they generate for U.S. workers.
(Source: BNA, 2016-08-29) Read the full article
Behavioral Economists Laud Shorter-Term Incentives for Exec Pay
Fred Whittlesey, a compensation consultant for more than three decades, would like his colleagues to take more seriously the weird ways our brains work. In a 2009 paper, he argued that when corporate boards decide how to pay chief executive officers, it’s best to heed behavioral economics, which shows that people are irrational when interpreting and acting on financial data.
(Source: Bloomberg, 2016-08-25) Read the full article
Employers More Often Offering Value-Based Health Plan Designs
Employer adoption of value-based health plan designs, which encourage workers to go to quality doctors and hospitals and work to limit overuse of medical services, is slowly taking hold. The National Business Group on Health's annual examination of employer health benefit packages shows value-based designs haven't "grown much since 2016, but nearly half of employers have incorporated some type in their benefit plan."
(Source: Forbes.com, 2016-08-19) Read the full article
Toughness of Jobs Plays Role in How Soon Workers Retire
Bad days aside, some jobs are mentally or physically more taxing than others. And year after year, as workers age, how tough their jobs are may play a big role in how long they can work, and how soon they may need to retire, according to the Center for Retirement Research at Boston College. Using federal data on the skills required in each occupation, the researchers came up with a "Susceptibility Index" based on their measures of how much those skills decline with age.
(Source: Atlanta Journal-Constitution, 2016-08-18) Read the full article
Informal Phased Retirement Policies More Common Than Formal Ones
The growth rate of older workers in the labor force is more than three times that of all workers. But, an aging workforce means employers and employees will have to be more flexible.
(Source: CNBC, 2016-08-21) Read the full article
 
 
 
Headlines
Overtime and FMLA Leave


Byron Myers

It is commonly understood that under the Family and Medical Leave Act ("FMLA"), an eligible employee of a covered employer is entitled to 12 workweeks of leave during a 12-month period for the birth of a child, the placement of a child for adoption or foster care, the care of a family member with a serious health condition, or the employee’s own serious health condition.  Accordingly, when an employee utilizes FMLA leave, the employer must keep track of the amount of such leave the employee has used.  This is relatively easy to do when the FMLA leave is taken in full-day increments.  Frequently, however, employees (particularly those who qualify for intermittent FMLA leave) utilize their leave in partial-day increments.  In those circumstances, the employer must keep track of the number of hours of FMLA leave the employee has used.

This leads to the question of how many hours of FMLA leave is an eligible employee entitled to for the reasons described above?

Read more here.

 

Traveling Internationally?

 
Kristin Kelley & Jenifer Brown

If you are a foreign national traveling to Canada or the United States, please see below for new requirements and other reminders for a smoother travel experience.

New Requirements for Travel to Canada

Visa-exempt foreign nationals entering Canada now need an “Electronic Travel Authorization” (eTA) to fly to or transit through Canada. Exceptions include U.S. citizens and travelers with a valid Canadian visa. Additionally, Canadian citizens (including dual citizens) and Canadian permanent residents do not need to apply for an eTA. To determine whether a visa or eTA is required for your travel to or transit through Canada, please visit the following website: http://www.cic.gc.ca/english/visit/visas.asp. Currently, the program is in a transition period. Until September 29, 2016, travelers can board a flight to Canada without an eTA, as long as they have appropriate travel documents such as a valid passport and they meet other requirements to enter Canada. After September 29th, eTA will be mandatory to travel to or transit through Canada.

Read more here.

 

 
 
View Full Site View Mobile Optimized