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In two related cases, the U.S. Supreme Court ruled 6-3 on June 29 that using race as a factor in university admissions violates both the 14th Amendment of the Constitution and Title VI of the Civil Rights Act of 1964. At the root of the Court’s decision is a profound questioning of whether “diversity” and […]
What about workers from a staffing agency? The staffing company, the client employer, or both may be the legal employer, says attorney Deanna Brinkerhoff. It depends on the workers’ duties, their work conditions, and the contractual basis on who controls what on the worksite. Brinkerhoff, an associate in the Las Vegas office of law firm […]
The latest installment of American Horror Story was off to a screaming start with the premiere of Hotel. If you missed it, proceed with caution as this article contains some minor spoilers on the first episode. This season is set in a sprawling art deco hotel that manages to be both beautiful and frightening at the same […]
As the Agency Rent-A-Car case shows, you can find yourself mired in an expensive lawsuit for misclassifying employees as exempt from overtime. Here are four common employer mistakes: Ignorance of the law is not an excuse. Employers run into trouble when they don’t know the rules on classifying employees. Private sector employers in California are […]
Training Methods Our survey shows the following methods used regularly for training employees. In the coming years, 86% expect to use more online training and 68% plan to utilize more in-person sessions conducted by the HR staff. More video/DVD and mobile/tablet-based materials will be used by 51%, and more telephone/audio conferences will be utilized by […]
by Steve Jones Many federal employment laws can apply to the hiring process. Even if you are a small business that may not fall under the rules because of a limited number of employees, it’s always recommended that you follow legally compliant policies from the start. When hiring an employee, you should consider both your […]
by Brent E. Siler The title of this article isn’t a typo or a joke. It’s a literal statement of holding in a recent federal case before the U.S. District Court for the Eastern District of New York, which found that an employer’s conflict-resolution program, which its creator dubbed “Onionhead” or “Harnessing Happiness,” was in […]
A federal appeals court upheld an earlier ruling that 401(k) plan and individual retirement account (IRA) assets acquired by an ex-spouse in a divorce proceeding aren’t retirement funds protected by federal law from bankruptcy creditors. The case is Brian A. Lerbakken, Debtor-Appellant v. Sieloff and Associates, No. 18-6018 (Bankr. 8th Cir., Oct. 16, 2018).
Employees usually look to their retirement when they are in their 60s—not after having worked at the same job for 60 years! And most aren’t looking forward to an “encore career” like Lynwood “Ozzie” Osborne. Employees usually look to their retirement when they are in their 60s—not after having worked at the same job for […]
As we reach the end of 2014, we take a look back at some of your favorite articles. Here’s a list of the top 10 posts on the Compensation & Benefits Daily Advisor website this year.