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Deferred Compensation Plans: Take Time Now to Ensure Compliance with Section 409A

Internal Revenue Code Section 409A regulates deferred compensation plans and other arrangements, including severance plans, annual bonus payments, long-term incentive arrangements, stay bonuses, and settlement agreements upon termination. Section 409A rules govern compensation that was deferred or became vested after Jan. 1, 2005. Because employers have faced many difficulties trying to comply with these rules, […]

March 15: Effective Date of ADA Standards for Accessible Design

The 2010 ADA Standards for Accessible Design are in effect officially as of March 15. These standards were adopted as part of the revised regulations for Title II and Title III of the Americans with Disabilities Act of 1990 (ADA) and will make buildings and facilities accessible to more than 54 million Americans with disabilities. […]

Sexual Harassment: Supervisor Fired For Crude Remark Wins $1.2 Million; When Can You Fire A Harasser?

Frank Lemon, the service manager for Fresno-based heavy equipment distributor J.M. Equipment Co., was fired without warning for making a sexually explicit remark to a female employee. Lemon sued, arguing that the company had until then tolerated a pervasive atmosphere of vulgar language and sexually charged conduct and that he was really terminated because J.M. […]

Title VII Standard for Retaliation Claims Gets Scaled Back by Supreme Court

Noting that the increasing number of employee retaliation claims in employment discrimination cases calls for the proper interpretation and implementation of statutory language, the U.S. Supreme Court on June 24 issued a 5-4 ruling that will likely make it easier for employers to fend off such claims. In University of Texas Southwestern Medical Center v. […]

More employee benefits on the horizon for Canadians

The year 2017 may be remembered for its significant changes in matters of labor and employment across Canada. Several jurisdictions are amending their labor and employment regimes, including the federal government. With the introduction of Bill C-44, the federal government has adopted significant reforms to the Employment Insurance Act and the Canada Labour Code. While federally […]

Survey Says: Make Leadership Development a Training Priority

“The Rising Risk of a Double-Dip Leadership Crisis: A Pulse Survey on Exploring the Increased Focus on Leadership Development” found that Fortune 1000 companies do not have enough leaders coming up through their ranks to fill existing and future leadership roles—partly due to recessionary cuts made to leadership programs. In fact, 62% of respondents surveyed […]

Can’t Beet a Garden Party

Litigation Value: Zilch. An episode blissfully free of employment law problems! Tonight’s episode — the last of 2011 — brings up a reprise of “The Garden Party,” previously blogged by my colleague Brian Kurtz. Most of the action takes place outside of the usual office setting, at Dwight’s bucolic beet farm/budding party venue. In an effort […]