Most Popular

Disciplining Employee Misconduct: A return to (Relative) Complexity

The decisions of the National Labor Relations Board (NLRB) have always been subject to change—sometimes shifting in a pro-employer direction, and sometimes prolabor—depending on the political composition of its members. Once again, the Board has shifted its position on an important topic: Just how far can an employer go when disciplining employees for misconduct—including hostile, […]

Employer Says Gross Misconduct Means No COBRA Coverage for Ex-employee

An employer provided enough evidence raising questions of a former employee’s possible gross misconduct to ward off her summary judgment motion regarding a COBRA notice claim. The employer noted the individual had committed gross misconduct by quitting the job without notice, refusing to follow supervisor instructions and initially lying about why she left work early […]

Three-Fer

Litigation Value: Counseling for everybody! Last night, NBC treated us to a holiday extravaganza. If last week’s two-part “Classy Christmas” wasn’t enough “Office” for you, we got the joy of three episodes last night! That’s right, three full episodes of Michael and the gang, acting ridiculous as usual. I recapped “Counseling” and my talented colleagues […]

Keys To Selling Your Ideas: Consider Context; Make It Personal

Pink’s best-selling titles include Drive: The Surprising Truth About What Motivates Us and To Sell Is Human: The Surprising Truth About Moving Others. Pink’s remarks came at SHRM’s Annual Conference and Exposition held recently in Chicago. [Go here for takeaways 1 and 2.] 3. Don’t forget the importance of context. To illustrate the importance of […]

IRS Finds High Percentage of Errors on W-2 Reporting of 401(k) Elective Deferrals

Many employers that sponsor 401(k) retirement plans make mistakes in the way they report elective deferrals on Form W-2, the federal tax agency’s Wage and Tax Statement sent to employees. IRS on Feb. 13 said on its website that its Employee Plans Compliance Unit sampled filings from employers that provided Forms W-2 and found 75 […]

Chair Model

LITGATION VALUE:  $6,000 – $10,000 Despite what you might think, Michael’s demand that all employees provide him with candidates to serve as the mother of his children does not violate any major employment law.  After all, Michael made the demand of all employees and not, for example, only female employees or employees of a particular […]

Verbal COBRA Notice Is Sufficient, Says Court in Ruling for Employer

In a decision that overlooked key COBRA guidance, a federal district court ruled that an employer/plan administrator fulfilled its notice obligation by verbally providing a notice of COBRA rights and accepting premium payments — which apparently the qualified beneficiary had to pay a few days after her employment termination. In dismissing a COBRA notice claim, […]

Whether and How to Address the Attempted Assassination at Work

The recent assassination attempt on former President Trump has put an unavoidable spotlight on the often-toxic nature of American politics and political discourse. As the attempted assassination resonates beyond the political sphere, it becomes pertinent for employers, HR managers, and team leads to address it thoughtfully within the workplace. Here we explore how to approach […]