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Mutual Fund Companies Tend to Favor Own Funds in 401(k) Menus

Who has the most influence on an employer’s 401(k) retirement plan investment menu — you as the plan sponsor? Participants? The company’s ERISA attorneys or investment committee? Chances are, it’s the plan’s mutual fund manager. A new study from two U.S. university business professors and an economist for the U.S. Federal Reserve concludes that fund […]

A new affirmative action obligation

by Mark I. Schickman True or false: You cannot ask a job applicant if she has a disability and consider her answer during the hiring process. I would have said true―you can’t inquire about a disability. Rather, the question for every job applicant is the same: Can you perform the job’s essential tasks with or […]

Quebec Court of Appeal: People (not workplace policies) harass people

by Alexis Charpentier Workplace harassment is a complicated and evolving area of the law. The lines between an employer’s right to manage its employees and harassment are often blurred. Fortunately, the Court of Appeal of Québec has provided some clarity in a recent decision in Syndicat des travailleurs de l’aluminium d’Alma, local 9490 (Syndicat des […]

New rule simplifies FMLA administration

by Lauren E.M. Russell The U.S. Supreme Court’s 2013 decision in United States v. Windsor created a lot of uncertainty in federal employment benefits. Because the federal government’s definition of marriage as a union between one man and one woman was deemed unconstitutional, the decision left unanswered the question of when same-sex spouses were eligible […]

Political Discrimination: The Elephant in the Room?

By Jeremy M. Brenner The First Amendment to the U.S. Constitution prohibits a state employer such as a university from discriminating against applicants and current employees based on their political beliefs or affiliations except in very limited instances. If an applicant or employee can demonstrate that her political views or associations caused a state employer […]

Moving toward the latest trend in office design? Don’t forget legal concerns

Office workers want to be comfortable and productive at work, and they all have different ideas on how to accomplish that goal. Some want to sit. Others want to stand. Some want privacy for focused work. Others want open space for collaborative work. Still others want comfy-cozy nooks where they can curl up with a […]

New IRS Rule Consolidates and Clarifies Guidance on Employer Play-or-pay Mandate

Employers trying to comply with health reform’s play-or-play mandate — and calculate their exposure to penalties — now have more insight based upon a new notice of proposed rulemaking and a new set of questions and answers from the IRS. Under reform, employers have to calculate full-time equivalent employees for one or more of the […]

Not Sweating the Small Stuff Can Be Expensive

By Donovan Plomp McCarthy Tetrault When employees are terminated in Canada, unless they have been fired for “cause” (such as theft) employers have an obligation to provide common law “reasonable notice” of termination or pay in lieu of reasonable notice. Unless the amount of reasonable notice is clearly set out in an employment agreement, it […]

New FMLA Regs: Holidays, Joint Employers, Pregnancy and More

In past issues of HR Hero Line, we’ve examined the FMLA regs issued by the Department of Labor (DOL) in November 2008. This week, the attorney editors of the Kentucky Employment Law letter examine a few more changes made by the new FMLA regulations including holidays, joint employers, leave for pregnancy and childbirth, and employer […]