Author: Stephen Bruce, PhD, PHR

DOL Gets a Slap or Two, but Litigation Threats Abound

The DOL has gotten a few “slapdowns” from the courts recently, but while that may make employers feel a little better, wage and hour problems are still a major threat. The agencies—and the attorneys—are looking at most employers, and, sooner or later, they’ll look at you. In her recent presentation at the Advanced Employment Issues […]

IRS Gives 403(b) Plans More Time to Get Pre-approved, Expands Eligibility

After hearing concerns from the retirement plan industry, the IRS issued modifications on March 25 to its pre-approved program for 403(b) plans, in Revenue Procedure 2014-28. These welcome changes will provide another year — until April 30, 2015 — to apply for the program and will increase the number of entities that can take advantage […]

Are Your Workers Trained to Prevent Falls in Construction This Spring?

The Occupational Safety and Health Administration’s (OSHA) most cited violations list is never much of a surprise; reliably appearing in the top 10 are fall protection, scaffolding, and falls from ladders. Slips, trips, and falls constitute the majority of general industry accidents and cause 15 percent of all accidental deaths, according to OSHA. Falls consistently […]

Results In! Retirement Benefits Survey Says …

Survey results are in for the 2014 Retirement Benefits Survey. Highlights: 86.6% of the employers responding to our 2014 survey offer either a 401(k) or 403(b) retirement savings plan to employees. 60.3% of the employers responding to our survey that offer a 401(k) or 403(b) plan to their employees also provide a matching contribution. 41.4% […]

Accommodating Chronic Conditions—Frustrating and Annoying, But You Have No Choice

What Is a Chronic Condition? What is a “Chronic Condition” for purposes of leaves, accommodations, and performance management? Eyres says that it is a disease or disorder: Of slow progression and long duration; That causes continuous or episodic periods of incapacity; Lasting at least one year but usually a lifetime; and That often involves episodic […]

Misclassification Is ‘Hot’—And Many (Maybe Most) Organizations Are in Violation

Misclassification is “very hot,” says Attorney Dinita James, and the DOL is doing “directed” investigations, that is, visiting places where there hasn’t been a complaint. The agency is also singling out certain industries in its search for companies violating rules governing misclassification of independent contractors. For example, says James, they are looking at electrical contractors. […]

Downsized Employee with Lupus Advances ADA, FMLA Claims

An Oklahoma receptionist diagnosed with Lupus less than two months before losing her job to a reduction in force has advanced her state and federal disability bias and retaliation claims against her former employer following a federal district court ruling. Cynthia Reed, whose position was eliminated and mostly automated just two days after she requested […]