Newsletter Archive for September 2011

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Our weekly newsletter gives you up-to-date content on current topics. Business owners, managers and HR professionals can find guidance on benefits and compensation, compliance issues and employee relations.

You’ll also find legal summaries and ready-to-use model policies and forms.

Are Problems Linked to Pregnancy ADA-Protected Disability?

The executive director of a nursing home hired the employee as activity director Aug. 11, 2006. Previously, the employee had worked two separate tenures with the nursing home as a certified nursing assistant, and she quit voluntarily both times. Read More

Sep 26 2011

EEOC Judges Offer Practical Advice For Investigating Complaints

Assessing creditability during the early stages of an employee’s complaint of unlawful discrimination poses many challenges for human resource officials and equal employment opportunity counselors, but one thing is clear: investigators should believe the victim’s allegations are true until an investigation proves otherwise, a panel of Equal Employment Opportunity Commission judges said at a workshop Sept. 12. Read More

Sep 26 2011

Is Terminated Nurse Obligated to Arbitrate Disabilities Claim?

Shortly after being hired by a nursing home in Michigan in October 2006, a nurse was diagnosed with cancer and took a leave of absence for surgery and follow-up treatment. She prepared to return to work by late December 2006, but the nursing home’s supervisor told her to wait because the facility in which she was to work had not yet opened and no backup nurse was needed at the nursing home’s other locations. Read More

Sep 19 2011

BNA’s Employment Outlook – 4th Quarter 2011

Although up from levels observed in 2010, hiring in 2011 has shown little clear direction or pattern. An initial pickup in hiring plans from the fourth quarter of 2010 to the first quarter of 2011 has largely stalled during the remainder of the year, according to projections from 278 employers responding to BNA’s latest quarterly employment survey. Read More

Sep 19 2011

Absences Down Across Major Industry Sectors, Most Regions

Median rates of unscheduled absences from January through June 2011 averaged 0.6 percent of scheduled worker days per month, down two-tenths of a percentage point from the 0.8 percent median monthly absence rate observed through the first six months of 2010. Read More

Sep 19 2011

Women’s Preventative Care Update

On August 1, 2011 The Department of Health and Human Services (HHS) announced new guidelines for women’s preventive care services that are required under the Patient Protection and Affordable Care Act (PPACA). Read More

Sep 13 2011

Terminated Truck Driver Claims FMLA Interference, Retaliation

An Ohio-based food company truck driver injured his neck and shoulders when his truck went off the road during a delivery run to Michigan. A chiropractor took X-rays of the driver’s injuries, identified a “subluxation” of his spine, and started a treatment course that included manual manipulation of his spine. The chiropractor continued to treat the driver, though he did not X-ray his spine again. Read More

Sep 12 2011

3M Agrees to Pay $3 Million To Settle EEOC Age Bias Case

The settlement, which is subject to court approval, also would require the Maplewood, Minn.-based company to institute a review process for termination decisions. In addition, it would require the company to adopt a training program on how to prevent age bias. Read More

Sep 12 2011

Employer Balks at Suggestion That HR Mediates Disputes

In 1996, the employee was diagnosed with paranoid schizophrenia, which affected his communication skills and caused him to become confused when he experienced “heightened,” “agitated,” or “escalating” conversations, among other stressful situations. He also had sleep apnea.
A bank hired the employee in 1999 and despite receiving generally favorable performance reviews, he experienced problems communicating with co-workers. Read More

Sep 6 2011

Consumer-Driven Plan Growth Slows

The prevalence of consumer-driven health plans in the United States continued to increase over the past year, but at a significantly slower rate than in previous years, and the plans offered lower cost savings and higher maximum benefit limits, according to preliminary results of a survey released Aug. 23. The 2011 UBA Health Plan Survey, conducted by the Indianapolis-based employee benefit advisory alliance United Benefit Advisors, found that CDHP plans as a percentage of all health plans increased to 22.9 … Read More

Sep 6 2011

Proposed Benefits Summary Rule in Part Affects Employers

Federal regulators Aug. 17 released a proposed rule that would require insurers and employers that provide group health plans to make available to consumers a standardized summary of the benefits and coverage for each plan they offer. Read More

Sep 6 2011
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