Category: Benefits and Compensation

This topic provides guidance on how to handle compensation issues in a way that attracts and retains the best talent and advances the strategic goals of your business. You get news and tips on what’s going on nationally and in the states, and updates on changes in regulations, possible governmental action, and emerging compensation trends.

Employers Get Reprieve From Reform’s Exchange-Notice Requirement

Employers will not have to start distributing notices to all employees on the existence of health insurance exchanges on March 1 as required by the health reform law. This requirement is now deemed impracticable because many state exchanges have not been set up, and do not become operational until Jan. 1, 2014. Also, the requirement […]

Bank of America Wins Suit Over Investing in Affiliated Funds

Court Fails to Find ERISA Breach  Plan sponsors, especially those in the financial services industry, have some assurance about their right to invest in affiliated mutual funds and other assets for their retirement plans, based on a recent ruling by an appeals court. The 4th U.S. Circuit Court of Appeals on Jan. 14 upheld the […]

Mandatory Flu Shot Policies Inject a Healthy Dose of Controversy Into the Workplace

This year’s worse than average flu season has some employers wondering what they can do to help keep workers healthy. Just one flu-infected worker, after all, can infect the entire workplace and bring productivity to a grinding halt. Employers have, of course, been through this kind of scare before. In 2009, when worries about a […]

UPS Not Obligated to Provide ‘Light Duty’ to Pregnant Truck Driver, Says Court

A corporate policy that does not include pregnancy among the conditions making an employee eligible for light duty is a “neutral and legitimate business practice,” not evidence of bias against pregnant workers, according to a recent court ruling that dismissed a UPS truck driver’s claim that she was the victim of pregnancy discrimination. Employers may […]

Final HITECH Omnibus Rules Tighten Breach Notification

The HITECH Act is now here in full. The whole litany of tighter privacy and security requirements is in the long-awaited, long-delayed “omnibus” rules finalized Jan. 17 by the U.S. Department of Health and Human Services, and most of these will have to be met by this Sept. 23. The omnibus rules also include changes […]

Can Denying a Raise Be Retaliation under the ADA?

An example of a potential ADA violation would be an employee who is being treated for post-traumatic stress disorder (PTSD) resulting from incest who requests reasonable accommodation. Her supervisor then tells the employee’s co-workers about her medical condition. The employee tells the supervisor she intends to complain to HR about his unlawful disclosure of confidential […]

‘Only Women Can Be True Victims of Domestic Violence’ (Your Manager?)

DOL’s  recently released Questions and Answers: The Application of Title VII and the ADA to Applicants or Employees Who Experience Domestic or Dating Violence, Sexual Assault, or Stalking, offers examples of employment discrimination and retaliation that may be overlooked. What are some examples of employment decisions that may violate Title VII and involve applicants or […]

Same Pay, Same Title, Still Retaliation

In one case, an HR manager who reported to top management made a complaint. Soon thereafter he lost all his staff, was moved to another area, and found himself reporting to a middle manager. His new boss said to him, "I don’t know why they sent you to me. I don’t have anything for you […]

Complain About Me? No Raise for You!

Find the balance, Moldover says. When you get wind of a manager’s action that might be retaliatory—like denying a raise—put the situation in context and try to view it from the employee’s perspective. Context Matters With retaliation, context matters, Moldover says. Of course, no one’s going to be happy about losing a raise, but a […]

Hostess’ Demise? Due to Sad Lack of Trust

Oswald, CEO of BLR, offered his thoughts on trust (and Twinkies) in a recent edition of The Oswald Letter. Twinkies were a part of my childhood. Somehow, on occasion, we could convince my mother to pick up a box of those golden treats with absolutely zero nutritional value. That was no small feat! My mother […]