Human Resources News & Insights

FMLA lawsuit: Was surveillance justified or payback for smut-watching complaint?

Just because the FMLA gives employers the ability to initiate surveillance on employees they suspect of abusing their leave, it doesn’t mean you should take such a drastic step.

20-state lawsuit claims ACA just became ‘unconstitutional’: What now?

Just when you thought the fight to kill the ACA was finally over, a brand new chapter of the Obamacare-repeal saga has emerged. And on the surface, this chapter looks like it could potentially be the last for the controversial law.

FMLA lawsuit: 7 stupid words that could cost this employer big

Wells Fargo had mountains of well-documented evidence to back up its decision to fire a poorly performing employee, but a simple phrase by a clueless manager could wind up making all that evidence moot.

ADA lawsuit: Can you force an unstable employee to see a doctor?

Here’s a tricky scenario for any HR pro: You have reason to believe that an employee, who has suddenly started showing increasingly erratic behavior, is struggling to do her job and negatively impacting her co-workers. What can you do?

When does ADA leave become unreasonable? Courts & EEOC say …

Many questions spring up for employers when an employee exhausts their FMLA leave but still can’t return to work. Are you required to give them more leave under the ADA? If so, how much additional leave is too much? Can you fire them for needing too much time off? 

Landmark lawsuit: ACA employer mandate case costs Dave & Buster’s $7.4M

To avoid the employer mandate for not offering healthcare coverage, can employers cut employees’ hours to avoid having them count as full-time employees under the ACA? HR pros everywhere were hoping a first-of-its kind lawsuit would answer this question. 

Intoxicated employee dies after holiday party: Is company liable for negligence?

If your company hosts a holiday party so employees can have some fun, can you be held legally responsible when a tragedy takes place because an employee had too much fun?

What? Hooded sheets plus a noose, and firm still skirts harassment charge

Despite mountains of damning evidence, one employer avoided losing a racially hostile workplace lawsuit. The ruling serves as a reminder to HR pros everywhere on the importance of clear policies and consistent follow-through.

No proof of receipt, no problem: A blueprint for winning a COBRA suit

Failing to provide a timely notice is a major source of COBRA-related lawsuits employers face. Even if the company relies on a TPA to handle its COBRA administration, it’s still ultimately liable for any violations. 

Age bias lawsuit: Little white lies about worker’s departure come back to haunt employer

Sometimes employers feel the need to fib a little about why an employee is leaving the company – to avoid damaging morale.