What's New on HR.BLR.com
HR.BLR.com's What's New page is where you will find all of the most recent content added and updated to the site in the last 14 days. See the latest news, updated topic analysis, training sessions, and more.
HR Regulatory Analysis
We are continually updating our state and national regulatory analysis to help you keep up with the changing regulations. See the updated section on the What's New page, below, to find all of the updated topics.
New Documents
  • HR News:
    By Damian A. Myers
    A recent spate of class action lawsuits alleging notice deficiencies under the Consolidated Omnibus Budget Reconciliation Act (COBRA) gives rise to the following question: What can employers and plan administrators do to mitigate the risks of liability for COBRA notice failures and other operational errors?
  • By Eamonn Hart
    It's not always simple for an employer to recognize if an employee is disabled. Moreover, her disability may not always be something the employer sees as connected to her job. A recent case from the U.S. District Court for the District of Maine serves as a good reminder that when one examines the statutory definition of "disability," many conditions may qualify.
  • By Amelia J. Holstrom
    Back in October 2016, Massachusetts passed An Act to Establish Pay Equity (Pay Equity Act), which amended the state's existing pay equity statute and went into effect in July 2018. Before the law's effective date, the Massachusetts attorney general issued long-awaited guidance and then, employers waited for Sunday, July 1, to arrive. And soon after it did, the first lawsuit was filed under the new law.
  • By Tammy Binford, Contributor
    As the comment period winds down on a new proposed rule affecting overtime pay, employers need to consider the implications of the proposal that go beyond the U.S. Department of Labor’s (DOL) plan to set a new salary threshold for overtime eligibility.
  • The U.S. Department of Health and Human Services (HHS) has reduced significantly the yearly caps in the civil penalties that health plans and other covered entities may face for violating Health Insurance Portability and Accountability Act (HIPAA) privacy and security rules.
  • By Charlie Plumb
    Ever been frustrated by a former employee unfairly using your confidential business information and trying to take your customers? As it turns out, tattoo artists have trade secrets, too.
  • By Cathleen S. Yonahara, Freeland Cooper & Foreman LLP
    A Los Angeles County jury awarded an Albertson's produce clerk $1,241,524 in damages for failure to engage in the interactive process, retaliation, and intentional infliction of emotional distress, and the trial court awarded him $843,333 in attorneys' fees and costs.
  • By Tammy Binford
    The U.S. Department of Labor (DOL) has announced a new deadline—June 25, 2019—for submitting comments on its proposed rule on joint employment.
  • Every once in a while, an employer’s benefits practice will potentially violate a state law. In those instances, the employer practice is protected by a doctrine known as preemption under the Employee Retirement Income Security Act (ERISA).
  • By Jennifer Kogos
    In a recent case from the federal district court in New Orleans, the decision makers' lack of knowledge about the employee's disability was fatal to his disability discrimination and failure-to-accommodate claims.
  • Prior to 2014, there were only 4 paid sick leave laws in effect nationwide. That number has since grown to more than two dozen laws, covering several states, cities, and counties.  The infographic below provides a broader picture of which states, cities, and counties offer paid sick leave laws.
  • By Phillip S. Oberrecht, Elam & Burke
    According to the latest charge statistics released by the Equal Employment Opportunity Commission (EEOC), disability discrimination claims have increased every year since the Americans with Disabilities Act (ADA) Amendments Act of 2008.
  • By Tammy Binford, Contributor
    The Senate’s confirmation of Janet Dhillon to take a seat on the Equal Employment Opportunity Commission (EEOC) means the agency has a quorum—for now—but the five-member commission still has two vacancies, and the term of one of the current members expires on July 1.
  • By Erica M. Clifford
    The U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently delivered disappointing news to four former employees of the Scherer Design Group (SDG) when it affirmed a district court’s issuance of a preliminary injunction prohibiting them from poaching clients.
  • By Rich Glass
    Health reimbursement arrangements (HRAs) have had an up-and-down childhood since they were born in 2002. After proposed regulations were issued in October 2018 that expanded HRAs, one question begs to be answered: What will HRAs become when they mature to adulthood in 2020?
  • By Rebecca Seguin-Skrabucha
    The Michigan Court of Appeals affirmed a lower court's grant of summary judgment (dismissal without a trial) in favor of a public employer that rescinded a conditional employment offer arguably based on a positive drug test despite the assumption the candidate was in compliance with the Michigan Medical Marihuana Act (MMMA).
  • The Illinois Wage Payment and Collection Act (IWPCA) requires among other things that employees must agree in writing to any wage deductions. A beer distributor argued its deductions from drivers’ commissions for removal of stale beer from retailers’ store shelves were authorized by its past practice under the union contract.
  • The U.S. Department of Labor (DOL) has clarified how it will treat association health plans (AHPs) following a court ruling that invalidated major portions of the AHP regulation.
  • By Tammy Binford, Contributor
    The Equal Employment Opportunity Commission (EEOC) has made its decision on which two years of data it will collect for a newly required component of the annual EEO-1 report. And although the agency has set a September 30 deadline for submitting that data, it also is appealing the court ruling that requires employers to submit it.
  • By Matthew Cecil
    The U.S. Department of Labor (DOL) recently issued an opinion letter considering whether employers violate the Family and Medical Leave Act (FMLA) by expanding the amount of leave given to an employee before designating it as FMLA-protected. This article considers two common FMLA pitfalls addressed in the DOL's opinion letter.
Updated Documents
 HR Strange But True
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