The Bolton Blog

Broader Perspective. Business Solutions.
17 February 2017

For Companies Recruiting Millennial Talent, Culture is Everything

“How important is company culture?” “How do we improve our image to potential applicants?” “How do we attract good talent?” These are crucial questions for any company, especially among a growing millennial generation that lives in a world deeply influenced by online reputation and web presence. I should know—I am one of these millennials! When we want to find a...
Read More
09 February 2017

6th Circuit: Failure to Provide FMLA Notice is Interference

The 6th Circuit Court of Appeals has found that failing to provide a notice required under the Family and Medical Leave Act (FMLA) constitutes interference with FMLA rights. The employer failed to provide an FMLA designation notice explaining that the employee’s reinstatement would be contingent on providing a fitness-for-duty certification. The case is Casagrande v. OhioHealth. After Joseph Casagrande took...
Read More
03 February 2017

3rd Circuit: Honest Belief Defeats Retaliation Claim

The Third Circuit Court of Appeals has ruled that an employer’s honest belief that an employee was abusing his Family and Medical Leave Act (FMLA) leave was sufficient to defeat the employee’s claim that he was retaliated against for using FMLA. A retaliation claim requires proof of intent and an honest belief, even if it is wrong, shows there was...
Read More
02 February 2017

10th Circuit Denies Motion in FMLA Interference Claim

After William Gaige was fired from his job while on leave from work under the Family and Medical Leave Act (FMLA), he sued his former employer, SAIA Motor Freight Line, LLC, for interference with his FMLA-created rights. During the litigation, the district court made three rulings based on Federal Rules of Evidence that Gaige claims were abuses of discretion. On...
Read More
30 January 2017

State and Local Law Update

One of the most difficult things for human resource and absence management professionals to do is keep up with changing State and local laws. Below is a brief summary of some new laws of interest: California California’s Employment Development Department has released the disability insurance paid family leave weekly benefit amounts for 2017. For 2017, the maximum weekly benefit amount...
Read More
24 January 2017

Federal Court Blocks Rules With Transgender Protections

A Federal court has issued a nationwide injunction against enforcement of health care reform regulations on gender identity and termination of pregnancy. These regulations, which were scheduled to go into effect for plan years beginning on and after January 1, 2017, were intended to end discrimination on the basis of gender identity. The case is Franciscan Alliance v. Burwell. The...
Read More
23 January 2017

President Trump Issues Executive Order on Health Care Reform

President Trump was not able to keep his campaign promise to repeal health care reform on “Day One” of his administration; however, he did issue the following Executive Order: MINIMIZING THE ECONOMIC BURDEN OF THE PATIENT PROTECTION AND AFFORDABLE CARE ACT PENDING REPEAL By the authority vested in me as President by the Constitution and the laws of the United...
Read More