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To be a qualified employee under the PWFA, the worker must be able to perform all of the job's essential functions, either now or in the near future. The PWFA regulations defining “essential functions“ adopt the language used in the EEOC's ADA regulations. Thus, essential functions are fundamental ...

Employers must have a reimbursement or allowance arrangement in place to reimburse employees for eligible expenses incurred on behalf of the company. A reimbursement or allowance arrangement is a system by which an employer substantiates and pays the advances, reimbursements, and charges for its employees' business expenses. How a reimbursement or allowance amount is reported depends on whether the employer has an accountable or a non-accountable plan. Accountable Plan To be ...

Generally speaking, Cafeteria Plans allow employees to pay their share of insurance premiums, certain out-of-pocket medical and dependent care expenses, and certain other benefits with pre-tax dollars versus paying these same expenses with after-tax dollars. Thus, the employee saves federal income taxes and FICA taxes on the total amount paid through a Cafeteria Plan. And, in all states except New Jersey, the employee also saves state ...

Under the Consolidated Omnibus Budget Reconciliation Act (COBRA), there are strict timelines for when employers, plan administrators, and qualified beneficiaries must provide or receive various notifications related to COBRA continuation coverage. These notices and timelines include:

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To determine a participant's vested account balance, the participant's vesting service must be calculated in one of two ways:

  • The actual hours method, or
  • The elapsed time method

If actual hours of service are counted, the number of hours of service required for a “year of service“ may not be more than 1,000. If the plan uses the elapsed time method, an employee will be credited with a “year of service“ for each period of

...

Under the Americans with Disabilities Act (ADA), employers have legal obligations when handling reasonable accommodation requests from qualified individuals with disabilities. These requirements are designed to ensure fairness, confidentiality, and compliance while supporting employees' ability to perform their ...

Below are some tips regarding tracking and managing FMLA leave:

  • Define how you measure the 12-month period (e.g., calendar year, rolling backward, etc.)
  • Carefully track and document intermittent and reduced schedule leave usage. This is a critical area for human resources compliance.
  • Ensure supervisors
...

Why Get An HR Certification? The answer is simple: HR certification programs provide a simple way for HR professionals to increase their knowledge and forward their careers.

With an ever-growing list of demands, legal requirements, and technical expertise required of the typical HR manager, there has never been a greater need for Human Resources certification courses

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As part of the organizational complaint procedures for a Internal Investigations, it is also a good best practice to develop a Statement of Complaint document.

A good Statement of Complaint document will ask for important information to clarify a complaint and to identify the level of significance. This will help employers identify the true nature - and the seriousness - of the ...

Mistakes in complying with FMLA can lead to lawsuits, fines, and audits, so be aware of the most-common FMLA compliance mistakes, which include:
    FMLA Training & Certification Program
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An employer is required to offer FMLA leaves if:
  • It is a private-sector employer with 50 or more employees in 20 or more workweeks in the current or previous calendar year
  • It is a public agency (regardless of the number of employees)
  • It is a public or private elementary or secondary school (regardless of the number of employees)
...
Investigations in workplaces are triggered by a complaint, allegation, a suspicion of misconduct, or any number of other reasons.  Some of the more common types of Workplace Investigations include:
  • Harassment
  • Discrimination
  • Safety
  • Theft, fraud, or misappropriation of resources
  • Misconduct
  • Regulatory agency inquiry
Harassment ...
A COBRA qualifying event is a specific situation that causes an employee, spouse, or dependent child to lose group health insurance coverage and thereby become eligible for continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). Qualifying Events include:
  • Voluntary or involuntary termination of employment (except for gross misconduct)
...
PWFA:
What Is The PWFA?3/5/2026
The Pregnant Workers Fairness Act (PWFA) requires that employers grant pregnant workers reasonable accommodations - temporary job changes needed to maintain a healthy pregnancy and, in some situations, to help an employee recover from or deal with post-pregnancy related medical conditions - unless doing so would ...
Under the ADA, employers can only require medical information that is job-related and consistent with business necessity.   This is true of prospective employees applying for a position, existing employees who may have an issue relating to their present ability to perform an essential function, or of employees returning from a leave. Handling these returns often requires expertise in ... More
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