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White Collar Exemptions = Legal Gray Areas

Yesterday, we gave you the background on a recent court case involving the classification of social workers as exempt. Today, the court’s rationale for concluding that the workers should have been getting overtime pay.

Gender Stereotyping Not Grounds for Termination

If there’s a critical time to watch what you say in the workplace, it’s when you terminate an employee. If an employee is accused of sexual harassment or other misconduct, ensure that you conduct a fair and comprehensive investigation. Don’t make the mistake of assuming that the allegations are true just because a complaint was […]

To kill Atticus Finch? HR pros aren’t afraid of the truth

It’s been a long time since I, like nearly any person educated in the United States, read Harper Lee’s To Kill a Mockingbird. Now, like many other readers out there, it’s back on my bedside table since Ms. Lee consented to publication of her other manuscript, Go Set a Watchman. I haven’t tackled it yet, […]

What’s in Your Employee Handbook?

You won’t find it on a best-seller list, and it may not offer a respite from a busy world. Nevertheless, if you’re a recruiter or hiring manager, you’ll want to read your company’s employee handbook.

Pros and Cons of a Returnship

We’ve previously explained what a “returnship” is. In short, it’s a recruiting program focused on individuals who are returning to the workforce after some form of extended absence.

Retirees Win Right to Sue for Fund Mismanagement

In a major ruling, the First U.S. Circuit Court of Appeals held that employees who retire and receive lump-sum distributions from their company’s defined-contribution plan, such as a 401(k), have the right to sue the administrators of the plan if they don’t believe their moneys were managed wisely. As our population ages and our economy […]

Some Owed Enhanced Benefits After Corporate Takeover, 6th Circuit Rules

A recent court decision reminds plan sponsors that mergers and acquisitions can trigger unexpected or complex changes to participant benefits that rely on careful plan language interpretation. In the case, some former employees of an Anheuser-Busch subsidiary were granted enhanced pension benefits as a result of the controlling company’s purchase by InBev because their employment […]

Employee who talks about settlement gets less

By Brian P. Smeenk It’s common practice across Canada, when settling a discrimination or wrongful termination claim, to agree that the deal will remain confidential. What can an employer do if employees fail to honor that agreement? What if they blab about the settlement to their coworkers?