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This Decision May Not Make the Grade

By Jeanine Poole It may seem that requiring a high-school diploma for a job is a correct answer. However, a recent “informal discussion letter” from the Equal Employment Opportunity Commission (EEOC) indicates that you may need to do more studying before making that choice. Background In October 2011, the state of Tennessee wrote the EEOC, […]

Calculating Damages from Misappropriation of Confidential Information

By Thora Sigurdson We all know that, where applicable, it’s important to take care in drafting confidentiality, noncompetition, and nonsolicitation terms in employment, contractor, and other agreements. A recent case in British Columbia, Cruise Connections Canada v. Cancellieri, reminds us of the value of having a “duty of good faith” clause. It also illustrates how […]

March: Women’s History Month

On March 8, 1857, women from New York City factories staged a protest over working conditions. In 1981, 124 years after that historic protest, Congress established National Women’s History Week to be commemorated the second week of March. In 1987, Congress expanded the week to a month. Here are some facts about American women from […]

Providing References: Are You Immune from Liability?

The last thing you need—an ex-employee suing over a bad reference. Fortunately, most states offer a qualified privilege to employers that provides immunity for employers who give employment references; however, the privilege is easily lost if employers aren’t careful. For detailed information about the states and their laws, we turned to “The 50×50,” BLR/HRhero’s 50 […]

Site-specific Approaches Help Drive Wellness Improvement

Employee incentives can bring about improved wellness outcomes — if the goals are adequately tailored to the organization and the individual. Depending on the company culture, you could take the “little league” approach of “everybody wins,” or decide to “raise the bar,” said Brendan Kerrigan, senior vice president of PayFlex. But setting the bar too […]

Definitions of ‘Fiduciary’ Will Soon be More ‘Economical’

Employers and plan administrators can have a better understanding of what a fiduciary is, courtesy of Phyllis C. Borzi, Department of Labor (DOL) assistant secretary for the Employee Benefits Security Administration (EBSA). She shed some light on the department’s thought process on this matter at the March 13 ERISA Advisory Council meeting. The DOL’s efforts […]

Cut 403(b) Retirement Plans a Break, ERISA Advisory Council Tells DOL

Government efforts to bring 403(b) retirement plans up to regulatory par with 401(k) plans has resulted in a rough transition for 403(b) plan sponsors, and in recognition of that fact, an ERISA advisory council gave the U.S. Department of Labor (DOL) five recommendations to help ease the compliance burden. Background Over the years, many 403(b) […]

Learn Elements of ERISA Plan Status to Help Avoid State-law Claims

A former employee’s failed attempt to call COBRA coverage a “privately paid” policy, rather than an ERISA plan, in order to maintain state-law claims against a group health insurer offers a chance to remind employers about importance of knowing the legal status of their benefit plans. In the case, the individual sued the insurer for […]

March 15: Effective Date of ADA Standards for Accessible Design

The 2010 ADA Standards for Accessible Design are in effect officially as of March 15. These standards were adopted as part of the revised regulations for Title II and Title III of the Americans with Disabilities Act of 1990 (ADA) and will make buildings and facilities accessible to more than 54 million Americans with disabilities. […]

Remember the FSA Grace Period Rules!

Employers can give employees up to 2½ months after the end of the plan year to spend unused money in their flexible spending accounts (FSAs). Since so many plans have a calendar-year  basis for their plan years, many employers and plan administrators that chose to grant the grace period are handling claims from last year […]