Informed Employer: The Bucket List: Fun Movie And Now FMLA Approved Informed Employer: The Bucket List: Fun Movie And Now FMLA Approved

Informed Employer: The Bucket List: Fun Movie And Now FMLA Approved

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Supreme Court Mulls Allowing 401(k) Participants to Sue Over Fees
The U.S. Supreme Court will consider giving 401(k) participants more power to sue their plans over investments that impose excessive fees, accepting an appeal tied to a wave of suits against employers. The appeal, filed by Edison International workers, contends that participants should be able to sue plans for retaining imprudent investments.
(Source: Bloomberg, 2014-10-02) Read the full article
High Court Considers If Workers Waiting in Line Should Get Paid
Amazon.com warehouses are full of stuff people like. To cut down on theft, workers who box and ship it are required to pass through security checkpoints after their shifts, waiting in lines that can take almost 30 minutes to get through. The Supreme Court will hear arguments about whether that time counts as work.
(Source: Bloomberg Businessweek, 2014-10-02) Read the full article
High Court to Hear Abercrombie & Fitch Head Scarf Case
Did retailer Abercrombie & Fitch discriminate against a Muslim woman who was denied a job because her headscarf clashed with the company's dress code? That's the question in one of the 11 cases the Supreme Court said it will take on in its new term.
(Source: Newser, 2014-10-02) Read the full article
Some States Putting Minimum Wage Battle on Ballot
It's mostly been Democrats beating the drum to raise the minimum wage this year. But come Nov. 4, there's a chance that voters in four Republican-leaning states -- Alaska, Arkansas, Nebraska and South Dakota -- will approve ballot measures to increase their minimum wages.
(Source: CNNMoney.com, 2014-10-06) Read the full article
EEOC Sues Two Companies in First Transgender Discrimination Cases
In the first Title VII action taken by the federal government on behalf of transgender workers, the Equal Employment Opportunity Commission (EEOC) has filed two lawsuits against companies accused of discriminating against employees on the basis of gender identity. The federal complaints, first reported by BuzzFeed, were filed in Florida and Michigan, marking the latest effort by the U.S. government to advance LGBT rights across the nation.
(Source: MSNBC, 2014-09-25) Read the full article
EEOC Scrutinizing Wellness Programs for ADA Compliance
Wellness program managers, take note: The U.S. Equal Employment Opportunity Commission is taking a close look at such programs to ensure they meet the tenets of the Americans with Disabilities Act. The commission announced it had filed a second lawsuit challenging a corporate wellness program design based on the EEOC's interpretation of the ADA.
(Source: BenefitsPro, 2014-10-02) Read the full article
Insurers Worry Over Medical Marijuana's Impact on Workers' Comp
Not only are states approving the use of medical marijuana at an astounding pace, but at least two state supreme courts -- in Colorado and in New Mexico -- are taking up questions that center on marijuana and the workplace and workers' compensation. Such cases are of particular interest to those watching the workers' comp space, and it has some wondering whether insurers will start being asked to pay for a substance that the federal government considers illegal.
(Source: Insurance Journal, 2014-10-03) Read the full article
Federal Agencies Issue Final Excepted Benefits Regulations
On October 1, the U.S. Departments of Labor, the Treasury, and Health and Human Services issued final regulations that make adjustments to excepted benefits regulations. The new final regulations amend earlier rules regarding excepted benefits under the Employee Retirement Income Security Act, the Internal Revenue Code, and the Public Health Service Act.
(Source: HR.BLR.com, 2014-10-06) Read the full article
Court Considers FedEx Drivers Employees, Not Independent
FedEx drivers in Kansas, in the lead case among 21 consolidated lawsuits over unpaid expenses and overtime, won a ruling by the Kansas Supreme Court that they're employees and not independent contractors. The current and former drivers for FedEx Ground Package System are appealing a 2010 ruling by a federal judge in South Bend, Indiana, who agreed with FedEx that they are independent contractors.
(Source: Bloomberg, 2014-10-04) Read the full article
 
 
 
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The Bucket List: Fun Movie And Now FMLA Approved

 

Mark Ford

The Family Medical Leave Act provides eligible employees with leave to care for a family member with a serious health condition. No surprise with this statement of the law. But did you know that “care for” means assisting a family member with achieving her “end-of-life” goals, i.e., fulfilling a personal bucket list? Such was the 7th Circuit’s 2014 decision in Ballard v. Chicago Park District. Consider the following.

Beverly Ballard was discharged by the Chicago Park District (“CPD”) for excessive absenteeism. The straw that broke the camel’s back was her 6 days of absence occasioned by a trip to Las Vegas accompanying her terminally ill mother, Sarah. A well-intentioned hospice and social worker, aware of the mother’s “end-of-life” desire to take a family trip to Vegas, arranged for the funding of this excursion. Beverly Ballard was living with her mother and acted as her caregiver when the trip arrangements were made. During the family sojourn to Sin City, Beverly and Sarah “participated in typical tourist activities.” According to the court, the exception was when their hotel caught fire and Beverly drove her mother to a hospital to find another source for her medicine which was in the hotel room.

Read full article here.

 

Leading "Like A Boss"

By: Michael Tooley

In his classic book, "The Traveler's Gift," Andy Andrews tells a fable of a man in personal and professional crisis who is given the gift of being able to voyage back in time to meet seven men and women involved in critical events in world history and to learn their secrets for living a successful and meaningful life. Like this traveler, what if you were given the opportunity to sit down with the leading thinkers of the 21st Century on the critical subjects of motivating, developing and leading others? Do you wonder what they might tell you about how to get the most out of your teams and learn to lead "like a boss"? Wonder no longer.

Read full article here.

 

Ohio Law Update

Ohio's minimum wage is tied to annual changes in the CPI. It will automatically increase to $8.10 per hour on January 1, 2015. For tipped employees, the minimum wage is $4.05 per hour, with a maximum tip credit of $4.05. Companies with annual gross receipts under $297,000 have an Ohio minimum wage of $7.25.

For more information please contact Paul Bittner or Dave Campbell.

 

Training foreign nationals? Yes, there’s a visa for that.

A multinational company wants all of its new engineers to participate in a new hire training program at its global headquarters in the U.S. The training program activities are too extensive to permit use of B-1 business visitor visa, and the proposed length of the training program exceeds what the B-1 would afford. The new hires will not qualify for other work visas because they have not been employed long enough and otherwise do not meet the stringent requirements for L-1 or H-1B visas. With all of these restrictions, the best option may be H-3, an underutilized visa option that gives companies like this one an opportunity to train foreign employees in the U.S. and prepare them for their continuing work with other entities around the world.

Read the full article here.

 

 
 
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