April 2017 - Employee Benefits I AP Benefit Advisors

COBRA and the Equitable Tolling Doctrine

Question: I just found out that a former employee near the end of his COBRA election period was in an accident and is currently incapacitated. What are my options, administratively, if the election period ends and he has not yet elected COBRA coverage? Answer (from HR.BLR.com): The Consolidated Omnibus Budget Reconciliation Act (COBRA) does not […]

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FMLA Effects on Other Laws

The Family and Medical Leave Act (FMLA) has many effects on laws such as the Americans with Disabilities Act (ADA), workers’ comp, and other state laws that apply specifically to medical or disability leaves. FMLA may also intersect with employer sponsored leaves and policies such as short or long term disability. When FMLA overlaps with […]

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Preparing Yourself for an ICE I-9 Audit

U.S. Immigration and Customs Enforcement (ICE) may not be on your radar of things to worry about, but should a disgruntled employee get them involved then you’re in for a fun I-9 audit. So to prepare yourself for an impromptu investigation, start conducting periodic audits to make sure you’re following suit. Follow these steps to […]

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Comp Time and Ban the Box Bills Making Their Way to Congress

Comp Time The Fair Labor Standards Act (FLSA) states that non-exempt employees that work more than 40 hours in a workweek are to be paid overtime at time-and-a-half. But also under FLSA, a private-sector employer cannot provide an employee or allow an employee to choose comp time in lieu of overtime pay. A few years ago, […]

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HRCI & SHRM Pre-approved AP Benefit Advisors Webinar | Violence in the Workplace in 2017 – Are You Protected?

Join AP Benefit Advisors’ Director of Crawford HR Services, Cindy Wagner, for this HRCI* and SHRM** pre-approved, complimentary, one-hour webinar as she discusses the current state of workplace violence. Violence in our society does not only occur outside the workplace, as each year many employees are victims and perpetrators of violent acts. Homicides have become […]

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FMLA in Conjunction with USERRA

The Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) grants leave to employees who are in the armed forces much like the Family and Medical Leave Act (FMLA) grants leave to employees with members in the armed forces. They resemble each other in the following ways: As both laws require employees to receive […]

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Maryland Fair Employment Practices Act and Reasonable Accommodation

Recently, a Maryland Federal Court allowed a trial to proceed on a case where the plaintiff is accusing their employer of not fairly accommodating her needs under Maryland’s Fair Employment Practices Act (MFEPA) in which the employer failed to perform an individualized assessment to determine whether the employee – a qualified individual with a disability […]

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