IAML Insights

December 28, 2014

Just eight months ago, the U.S. Department of Health and Human Services (HHS)'s Centers for Medicare and Medicaid Services (CMS) announced a proposal to raise the ceiling for whistleblower payouts to nearly $10 million from the current cap of $1,000.  This increased monetary incentive was just one of many provisions designed to decrease...

December 27, 2014

We previously reported on a case where the EEOC was hit with a $4.7 million judgment in attorneys’ fees and costs for pursuing a frivolous class action. (See blog post EEOC Silent on Sanctions) This week the Eighth Circuit Court of Appeals reversed that ruling, in part. EEOC v. CRST Van Expedited, Inc., No. 13-3159 (8th Cir....

December 23, 2014

It’s the end of the year.  And with the end of the year comes questions from my clients about whether they need to account for an employee’s FMLA leave when doling out year-end bonuses. In other words, is an employer obligated to pay a bonus based on a “goal” when the employee missed the goal because he took FMLA leave during the year? The...

December 22, 2014

This past spring (here and here), I discussed rounding time clock punches (usually automatically with a time clock system) at the beginning and end of a shift. To recap briefly, rounding is the practice of adjusting time clock punch times within specific bounds. For example, if your employees punch in for work at 7:57, 8:01, and 8:02, your...

December 21, 2014

Both houses of Congress recently passed and President Obama recently signed comprehensive spending legislation that includes an amendment with the provisions of the Multiemployer Pension Reform Act of 2014 (MPRA) along with a number of other pension related provisions. Much attention has been given to a controversial provision in the MPRA that...

December 21, 2014

Attorney General Eric Holder has issued a memorandum directing the Department of Justice to consider claims of gender identity discrimination, including bias claims based on an individual's transgender status, cognizable under Title VII of the Civil Rights Act. Holder writes:  After considering the text of Title VII, the relevant Supreme...