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2nd Circuit Reverses Xerox Plan’s Use of ‘Phantom’ Offset

For the third time in eight years, a federal district court decision endorsing Xerox’s pension plan interpretation has been reversed, setting aside judicial deference usually granted to these interpretations under ERISA and moving Xerox retirees closer to winning final benefits. The issue in the case is how an earlier lump-sum distribution to some employees affects […]

A Bad Hire Is the Only Thing You Did Wrong

In many of the situations he experiences, Schickman says, the employer only did one thing wrong—it hired the wrong person. All the policies were in place and were followed, all the appropriate training was done, but more care was needed in the hiring process. (Schickman was the keynoter at the Advanced Employment Issues Symposium, held […]

Train Employees on Safety Data Sheets (SDSs)

Along with labels on containers and SDSs, employee training is one of the three core components of a comprehensive hazard communication program. Remember that under HazCom 2012, your employees not only have the right-to-know but also the right to understand the chemicals in the workplace and how to handle them safely. Training is needed to […]

Quell Compassionate Impulses—Or Face ‘Regarded As’ Claims

In yesterday’s Advisor, we covered Attorney Franck Wobst’s key things to include in documentation. Today, things not to include, plus an introduction to a timely BLR Bootcamp on performance management. The Two Problems Fentin, who is a partner in the Springfield, Massachusetts, law firm Skoler, Abbott & Presser P.C., points out the two poles of […]

Tips For Avoiding Religion Bias Claims at Your Workplace

Yesterday, we told you how clothing retailer Abercrombie & Fitch landed in legal hot water for concluding that a religious headscarf known as a “hijab” was inconsistent with the “Abercrombie look.” Today, the details of the settlement—and some tips for avoiding similar problems at your workplace.

‘I’ve got a chronically ill employee’—Balance Compassion and Business

Form the habit for all your writings, (including e-mails, posts, etc.) to write as though for an audience. You never know who may ultimately end up reading what you wrote. Assume that someone will post it or tweet it, says Attorney Franck Wobst. It’s one of HR’s most difficult dilemmas—how to balance your compassion for […]

Do Your Employees Understand the Current MSDS/SDS Situation?

The Occupational Safety and Health Administration’s (OSHA) Globally Harmonized System of Classification and Labelling of Chemicals (GHS) revisions to the hazard communication standard (HazCom) have been in effect since May 2012, including a 3-year phase-in period that manufacturers, importers, and distributors will have to switch the material safety data sheets (MSDSs) to the new safety […]

HR’s Trends and Traps 2014

What Are the Big Changes for the 21st Century? Schickman’s crystal ball suggests that the issues below will be drivers of 21st century change. (Schickman was the keynoter at the Advanced Employment Issues Symposium, held recently in Las Vegas.) Boomer retirement Societal entitlements Medical insurance Nontraditional family units Challenges to privacy Lack of job security […]

Employer groups applaud demise of NLRB poster rule

The National Labor Relations Board (NLRB) has decided not to seek U.S. Supreme Court review of two appeals court decisions against a posting rule, and probusiness groups are claiming victory. In 2011, the NLRB issued a rule that would have required all employers under Board jurisdiction—including nonunion employers—to display a poster explaining that employees have […]

Tweet Goes Viral: Gets Communications Exec Fired

It took an airplane flight for a communication executive’s inappropriate tweet to go viral and get her into trouble with her employer. The (former) senior director of corporate communications of an Internet company was fired after sending an offensive tweet on her way to South Africa. By the time she landed, the Internet was up […]