Allen Smith

Articles by this author:

  • Tue, 04/08/2014 - 11:03

    A quick fix can go a long way to solving a problem, particularly when that problem is a payroll error.

    “Payroll errors unfortunately occur from time to time even at the best employers,” said Chuck McDonald, an attorney in the Greenville, S.C., office of Ogletree Deakins, in an interview with SHRM Online.

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  • Thu, 01/30/2014 - 12:55

    Companies that make their open-and-closed policies clear for inclement-weather seasons -- such as snowy winters and falls full of hurricanes -- can keep employees informed, instead of in the dark.

    “An employer does not have to have a policy and can simply tell employees that they must report to work when the business is open, regardless of what other businesses choose to do and are reported on the news,” Richele Taylor, an attorney in Fisher & Philips’ Columbia, S.C., office, told SHRM Online.

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  • Mon, 09/09/2013 - 09:46

    A little-noticed Aug. 15, 2013, decision by the 6th U.S. Circuit Court of Appeals may make big waves, enabling unions to organize tiny bargaining units called microunits, according to Jonathan Segal, an attorney at Duane Morris in Philadelphia.

    The decision looks innocuous enough at first glance, but Segal said it may be the National Labor Relations Board’s (NLRB) “Trojan horse.” 

    Deferential Decision

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  • Thu, 08/29/2013 - 12:13

    It’s important for employers to understand and prepare for a slew of new Patient Protection and Affordable Care Act reporting requirements, according to Sidney Blumling, an attorney at Fisher & Phillips in Irvine, Calif. 

  • Tue, 08/20/2013 - 11:40

    In the days after the Treasury Department’s announcement July 2, 2013, that it was delaying implementation of the employer mandate of the health care reform law for one year until January 2015, benefits attorneys were atwitter with theories about the reasons behind the delay.

    For some, the stated reason for the change -- the need to simplify and prepare for new employer reporting requirements -- didn’t seem like the whole story.


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  • Tue, 07/23/2013 - 09:58

    Four informal guidances released by the Equal Employment Opportunity Commission (EEOC) on May 15, 2013, highlight specific types of reasonable accommodations for people with cancer, diabetes, epilepsy and intellectual disabilities.

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  • Fri, 07/12/2013 - 11:02

    Criminal convictions should have an expiration date and shouldn’t be considered indefinitely by employers, the Equal Employment Opportunity Commission (EEOC) indicated in a pair of lawsuits filed June 11, 2013.

    Dollar General lawsuit

    The EEOC also sued Dolgencorp, doing business as Dollar General, in Chicago. For 10 years Dollar General made certain types of convictions a disqualifying factor.

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  • Thu, 02/14/2013 - 14:28

    Nobody thought intermittent leave would be a problem when the Family and Medical Leave Act (FMLA) was enacted 20 years ago, on Feb. 5, 1993.

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  • Fri, 01/25/2013 - 17:51

    As a result of a U.S. Department of Labor administrator’s interpretation (No. 2013-1) of the Family and Medical Leave Act (FMLA) on Jan. 14, employers can expect more requests from employees seeking protection under the act to care for adult children unable to care for themselves.

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  • Fri, 12/07/2012 - 13:15

    Family and Medical Leave Act (FMLA) compliance is difficult and annoying, said Mark Oberti, an attorney with Oberti Sullivan LLP in Houston, at the National Employment Law Institute’s Annual Employment Law Conference in Arlington, Va., Nov. 16, 2012.

    The U.S. Department of Labor’s FMLA regulations often aren’t much help, as they rarely make it clear when an employer may fire someone, he added.

    Oberti outlined 12 compliance strategies for employers:

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