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Davis Brown Employment and Labor Law Blog

The Davis Brown Employment and Labor Law Blog provides Iowa human resources directors and employers with the latest on employment law matters, including the FMLA, ADAAA, civil rights, PTO, unemployment claims and more.  Learn more about Davis Brown's Employment Law and Labor Relations Department,

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One Size Does Not Fit All When It Comes to Grief and Bereavement Leave - June 27, 2018

The nightmare scenarios are endless - your spouse dies of cancer, your child is in a car accident, your mother is assaulted, a death occurs. You are staggered, overwhelmed and you turn to your company's bereavement policy to find three days paid leave for the death of an immediate family member. Say what?!? Can every employee really be back and productive in that period of time? Does one size really fit all? Read More »


Code Words and Causation - Avoiding an Age Discrimination Claim - May 30, 2018

Age discrimination is a significant issue nationally, including within the state of Iowa. AARP surveys report that nearly two-thirds of workers age 55-64 say their age was a barrier to getting a job. In 2016, 318 age claims were filed with the Iowa Civil Rights Commission according to the ICRC 2016 aggregated statistics, putting age discrimination in the top five type of claims filed that year. Age issues frequently rely on both implicit and overt workplace issues, sometimes making them difficult to spot. Read More »


Drugs, Lies, and Videotape: Drug Diversion, Part II - May 9, 2018

This is part two of a two-part series covering drug diversion In Iowa. Last week, we started with an overview of key questions and considerations when there is a drug diversion issue. This week, we'll cover what to consider if the drugs were stolen or adulterated. Read More »


Drugs, Lies, and Videotape: Drug Diversion - May 4, 2018

You are at your desk when you get the call from the pharmacy, maybe from where a med unit sits, or most terrifyingly, from the floor, and you're told a patient didn't get pain relief or has had a reaction to a drug which may or may not been the one prescribed. Your stomach drops and you reach for the extra-large tub of acid relievers that every compliance manager keeps on their desk. Read More »


New ERISA Regulations Effective April 1: Disability Determinations Under Employer Sponsored Benefit Plans - March 26, 2018

On April 1, 2018, employer sponsored plans subject to ERISA and providing a benefit contingent on a disability determination will need to comply with new rules finalized by the Department of Labor (DOL). The new rules were originally to take effect January 1. Read More »


Iowa Civil Rights Commission Complaint: Handling Documentation - March 5, 2018

Over the last couple weeks, we have looked at the Iowa Civil Rights Commission procedure for employers when current or former employees allege discrimination in the workplace. There are a few things important for employers to consider as they respond to an ICRC complaint: handling of documentation and your responsibilities to protect the complainant and any other employees who support the complaint. Read More »


Iowa Civil Rights Commission Complaint - Initial Determination - February 26, 2018

The point that many employers fear - receiving a complaint from the Iowa Civil Rights Commission. An employee has alleged that they have been a subject to discrimination in your workplace. Last week, we covered the initial complaint. This week, we are looking at the outcome of that initial action, the Initial Determination. Read More »


Time's Up For Tax Breaks On Secret Settlements - February 21, 2018

Public attention around the #TimesUp movement has propelled new tax legislation - Section 13307 in the Tax Cuts and Jobs Act passed by Congress earlier this year. This new law is designed to eliminate tax benefits for secret settlements. Read More »


What's Really Going on When You Receive an Iowa Civil Rights Commission Complaint? - February 16, 2018

When an employer receives an official notice from the Iowa Civil Rights Commission or any other agency, it can cause a slight elevation of blood pressure and potentially a drop in your stomach as you open the envelope to see pages and pages of documentation. Read More »


Update on Employer Wellness Incentives - January 8, 2018

Employers sponsoring wellness plans may see changes to the regulations authorizing these programs over the next year in light of a recent federal district court decision. Read More »


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