Most Popular

401(k) Fiduciary? There’s Personal Liability If You Get It Wrong

The changes, which take effect July 1, 2012, are big. As a plan sponsor, you will receive new information about fees paid by the plan. You will also need to give participants some new information. For guidance, we turned to a recent BLR publication, the 401(k) Fee Disclosure Compliance Download Report. Your Role As Fiduciary […]

Goal-Driven Profit-Sharing? Sure

[Go here for 1. Straight and 2. Hurdle-Rate Profit Sharing] 3. Goal-Driven Profit-Sharing Plans In a goal-driven profit-sharing plan, profits are used to establish an incentive opportunity, but employees also must earn that opportunity, based on achieving other goals. These other goals are broad corporate goals, rather than unit operational goals, which are used to […]

Leave

California Court Confirms Employers Not Required to Provide Employees Indefinite Leaves of Absence

In a recent case, an employee suffered a stroke at work. Even after a 14-month leave of absence, her doctors could not state with certainty when she would be able to return to work. In that situation, it was clear her employer did not discriminate against her based on her disability when it terminated her […]

Work from Home Is Not FMLA Leave

Yesterday’s Advisor offered guidance for several tricky FMLA situations; today, again turning to the “FMLA Bible” for help, we cover FMLA and home work, FMLA and overtime, and state FMLA laws. Work at Home During FMLA Leave Frequently, an employee who is physically unable to come to work will perform some work for the employer […]

Bonuses and Overtime—One of the Most Frequent Failures in Comp

Bonuses Included in Overtime Calculations? Under the federal Fair Labor Standards Act (FLSA), bonus payments are divided into discretionary and nondiscretionary types. Nondiscretionary bonuses are included in an employee’s regular rate of pay for the purpose of determining overtime, while discretionary bonuses are not included in an employee’s regular rate of pay to determine overtime. […]

trends

Workplace Trends to Watch in 2017

Maternity leave is so 2015. Like resolutions, trend forecasting has become a rite of passage around the arrival of each New Year. Through safe bets and bold predictions, we look ahead to what the year will hold. Over time, these trends cease to be trends—they become entrenched in our workplaces, and they mature.

Can Individual Managers Be Held Liable for Wrongful Discharge? The Answer May Surprise You

By Jonathan Mook Virtually all states recognize a common law tort claim of wrongful discharge in violation of a state’s established public policy. In most instances, a lawsuit alleging such a claim is brought solely against the plaintiff’s former employer. But may a suit be brought not only against the employer, but also against the […]

Engaging Your Employees After Layoffs

Recent headlines have proclaimed massive layoffs in multiple sectors. Amazon, Meta, and Twitter have made significant cuts to their workforces, as well as Morgan Stanley and Goldman Sachs. Layoffs can strike fear into the hearts of all workers, not just those who have received word their positions have been eliminated. As a result, they may […]

FMLA —Never Easy, But These Pre-Written Forms Will Help

In yesterday’s Advisor, we covered FMLA fitness-for-duty certifications and offered a handy form for requesting the certifications. Today, two more FMLA forms plus an introduction to the “FMLA Bible.” FMLA is never going to be easy, but with forms ready to go for most FMLA situations, you can make it a little easier. Here are […]