Author: Nancy R. McDermott, J.D., Senior Legal Content Specialist

California

New California Laws and HR Trends for 2017 and Beyond

Each year, California employers are faced with the task of keeping up with a whole new round of labor laws and regulations, most of them courtesy of the state legislature. This year is no exception, with many changes occurring midyear.  Staying up to date and ensuring compliance with these ever-changing state, local, and federal laws […]

FMLA

Can an Individual Supervisor Be Liable Under the FMLA?

Most supervisors know that they risk personal liability under Title VII of the Civil Rights Act of 1964 and Chapter 151B if they sexually harass a subordinate employee. But that isn’t the only way supervisors may be held individually liable in Massachusetts.

pretext

Disability Discrimination in the Workplace Costs Employers

It’s no secret that discrimination, harassment, and retaliation claims based on disability cost employers plenty—and it’s not just the dollars awarded in damages (although, admittedly, some jury awards are eye-popping). It’s the expense of litigation. It’s the time employers must spend defending claims. It’s the bad publicity for the company. It’s the damage to employee […]

resume lies

Tell Me Lies, Tell Me Sweet Little Lies

What’s the truth about lying on résumés? Almost half of workers (46%) polled by staffing firm OfficeTeam said they know someone who included false information on a résumé, a 25-point jump from a 2011 survey. Job experience (76%) and duties (55%) were cited as the areas that are most frequently embellished.

Pensions

PBGC Releases Statement on Avaya’s Pension Plan Proposal

The Pension Benefit Guaranty Corporation (PBGC) has released a statement on the reorganization plan of Avaya, a multinational communications solutions company. The plan includes a proposal to maintain its pension plan for hourly employees but end its pension plan for salaried employees.

solar eclipse

Eclipse Overshadows Workday, Costs Employers Millions

August 21, 2017, was a once-in-a-lifetime opportunity to see a solar eclipse for some and—since it occurred on a Monday—a loss of profit for others. Did your company hold a solar eclipse viewing party, or did you simply allow your employees to view the eclipse on their own? Either way, if your employees weren’t working […]

immigration

9th Circuit Upholds $300,000 Penalty for I-9 Violations

The Immigration and Nationality Act (INA) requires employers to verify that their employees are legally authorized to work in the United States. It also prohibits employers from knowingly continuing to employ aliens who aren’t authorized to work. The INA calls for penalties of varying amounts for each violation, depending on the nature of the violation. Consequently, penalties can add up quickly when there are widespread violation

time

Overtime: Are Mortgage Loan Underwriters Exempt ‘Administrative’ Employees?

Among the various “exemptions” from the overtime compensation requirements of the Fair Labor Standards Act (FLSA) are “administrative” employees. The question presented in a recent decision by the 9th Circuit—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—was whether mortgage loan underwriters who work for lending banks fit the administrative exemption.