Monthly Archives: November 2009

Form of the Month:

WHY I DESERVE A RAISE (PDF) Many employers ask us how to deal with an employee who asks for a raise in. We tell them to make good use of this form! Before an employee requests a raise, they should be able to show how they have increased their value by filling out this form…. Read more »

PRESIDENT OBAMA IMPLEMENTS NEW FMLA MILITARY LEAVE AMENDMENTS

On October 27, 2009, President Obama signed the 2010 National Defense Authorization Act, which contained new amendments to the Family and Medical Leave Act (FMLA). By way of background, the 2008 National Defense Authorization Act created a new leave right under the FMLA for families of service members. The new Act further expands FMLA coverage… Read more »

DEFINING PRE-HIRE PHYSICALS VS PHYSICAL AGILITY EXAMS

We recommend that employers conduct pre-hire and return to work “fit for duty” exams. To balance the employers’ need to know with the employee’s right to privacy and disability protection, the EEOC issues guidance in Enforcement Guidance on Disability-Related Inquiries and Medical Examinations. In the case of Indergard v. Georgia-Pacific Corp. the 9th circuit helped… Read more »

WHAT YOU CAN AND CAN’T DO TO AVOID OVERTIME PAYMENTS

In the recent case of Perth v. Pomona Valley Hospital, the Federal 9th Circuit gave an excellent summary of what employers can and can’t do to avoid overtime payments under the FLSA. In this case, a nurses union bargained for a 12-hour shift option at reduced pay. After knowingly accepting the arrangement, the claimant woke… Read more »

WHEN LEAVE DOESN’T QUALIFY FOR FMLA, THINK ADA

Employers generally understand that eligible employees are entitled to 12 weeks of job-protected leave for serious health conditions under the Family and Medical Leave Act. Too often, however, when this statutory leave right has been exhausted (or an employee is FMLA ineligible) employers believe that they have an absolute right to terminate the employee. However,… Read more »

COMMON SENSE AND H1N1

The HR That Works Hotline has been getting inquiries about managing H1N1, especially from health care providers. The answer to this question should help all employers: Hi Don, I have a unique situation. I don’t want to implement a policy that requires flu shots for all employees. We have contracts with hospitals that are requiring… Read more »

EDITOR’S COLUMN: MANAGING CHANGE

One of my favorite jokes: How many psychiatrists does it take to change a light bulb? Answer: Only one, but the light bulb has to really want to change! Leaders constantly face the challenge of managing change in their organizations. After having helped facilitate change in hundreds of companies, I’ve found that there are three… Read more »

GENDER MATTERS WHEN IT COMES TO LIFE INSURANCE PREMIUMS

Everybody knows it’s a man’s world, right? That might be true in a lot of areas, but not if you’re talking about Life insurance premiums. Women are the rulers in this arena because insurance companies charge them lower rates than men of the same age. So why do insurers consider men a bigger risk? The… Read more »

TERM LIFE INSURANCE RATES DROP DUE TO LONGER LIFE EXPECTANCIES

With the price of just about everything from gas to milk heading into the stratosphere, here’s a piece of good news for consumers: According to the Insurance Information Institute, the average cost of Term Life insurance has dropped. A big reason for the decline in premium rates is that life expectancies have increased because of… Read more »