Take These Five Steps in 2014 to Drastically Improve Your FMLA Compliance
FMLA Insights offers their Top Five “Fix it or Else” List when it comes to leave management in 2014.
Remember that NLRB Notice? “Never Mind”
Connecticut Employment Law Blog: “Despite twice requesting extensions of time within which to file petitions for a writ of certiorari with the United States Supreme Court, the NLRB officially announced this week that it will not seek review of two U.S. Court of Appeals decisions invalidating its Notice Posting Rule. / That rule would have required most private sector employers to post a notice of employee rights under the National Labor Relations Act.”
See also: NLRB Throws In The Towel On Poster Rule… For Now
States make moves toward paid family leave
The Washington Post reports: “Rhode Island, where paid family leave was approved by wide margins in the state House and Senate in just one session in July, joins California and New Jersey as the only states to offer workers family leave that is paid not by taxpayers or employers but, like Social Security, out of a pool of employee paycheck contributions.”
“Washington state has yet to implement a similar law that lawmakers passed in 2008. New York and Massachusetts have paid-leave bills pending. Connecticut, Vermont and New Hampshire have formed task forces to study the issue. Several states, including North Carolina, Colorado and Oregon, have considered it and may move bills again.”
Getting Gay-Friendlier
Human Resource Executive: A new ranking from the Human Rights Campaign shows a record number of companies — including 299 of the Fortune 500 — are extending equality to LGBT employees.
Two Ohio FMLA Cases Highlight Need for Awareness of Potential Interference
PorterWright Employer Law Report: “The Family and Medical Leave Act (FMLA) prohibits more than just retaliation — it also prohibits interference. More specifically, the FMLA provides: “it shall be unlawful for any employer to interfere with, restrain, or deny the exercise of or the attempt to exercise, any right provided” by the FMLA and interference claims arise when an employer’s actions prevent or interfere with an eligible employee’s rights under the FMLA. 29 USC § 2615.
Two recent Ohio district court cases highlight just how important it is for employers to keep the interference provision in mind when navigating employee FMLA requests.”
Smoking: Many States Try Snuffing Out Employment Bias Against US Smokers
Xpert HR: “Many states in the US have gone to great lengths to restrict smoking in public places. In fact, some healthcare employers have taken things a step further and adopted no-hire policies for job applicants who smoke.”
“But while federal law offers no special employment safeguards for smokers, the HR community should be aware that 29 states plus Washington, DC have laws on the books protecting job applicants who use tobacco products from discrimination during the hiring process. A handy, new XpertHR quick reference chart details these protections.”
Don’t Ask and Don’t Tell About Criminal Records When Applying for Jobs
Gilleon Law Firm: “Effective January 1, 2014, is a new law that prohibits California employers from asking questions or using information about candidates’ expunged or sealed criminal records. When a person’s record is expunged, it is placed aside and dismissed.”
Updating your employee handbook: The essentials
HR Morning – “Badly written or incomplete handbooks have gotten firms in trouble for everything from discriminatory hiring practices to unwittingly creating an employment contract.”
Also see: Revise Your Handbook to Minimize Employee Misconduct This Year

ESI-Logo.jpg When complex employee issues arise, ESI EAP offers member employers direct access to Certified Senior Professionals in Human Resources (SPHR) and senior clinical counselors. If you need an Employee Assistance Program give us a call: 800-535-4841.


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