IAML Insights

September 27, 2018

We recently witnessed the DOL's 401K audit priorities first hand.  In auditing 401K plans, the U.S. Department of Labor previously focused on determining how quickly employers could deposit employee deferral contributions into the plan’s trust. For small plans (fewer than 100 participants), deferral contributions must be deposited within...

September 26, 2018

I work in a health care setting in New Jersey. As flu season is approaching, we emailed all of our patient care employees (nurses, physical therapists, intake staff, etc.) to remind them that an immunization is required by our employer. The deadline is looming, but we have a nurse that is refusing to get the vaccine based on her supposed religious...

September 25, 2018

In Integrity Staffing Solutions v. Busk, the U.S. Supreme Court held the employees of an Amazon fulfillment center were not entitled to be paid under the FLSA for time spent waiting in line for a post-shift security screening.And yet, last week, in parallel litigation under Nevada state law, the 6th Circuit Court of Appeals just held...

September 24, 2018

I conducted FMLA training this week for a client making fairly significant changes to the manner it administers FMLA leave. They not only are educating managers about their role and responsibilities under the FMLA, but empowering them to play a key role in reducing FMLA abuse. My client also is making one key change (among others) as part of their...

September 21, 2018

A new lawsuit filed by the EEOC is a good guide for employers on what not to do. The Equal Employment Opportunity Commission has filed a class action lawsuit in federal court in New York against a group of senior care and nursing home facilities. The lawsuit -- which alleges disability and pregnancy discrimination -- was filed on...

September 14, 2018

Like sands through the hourglass... ...so are the days of our work lives.ALL MY SENSITIVITIES You have an employee, Daisy, who is honest as the day is long, but very sensitive. You find out that she reported you to Human Resources because you told her (in a nice, appropriate way) that you liked the dress she was wearing. Daisy reportedly told HR...