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Investment Adviser Penalized $15M for Failing to Diversify

A novel approach to determining damages owed by an investment adviser to two defined contribution retirement plans in an ERISA fiduciary-duty breach was part of a decision including a $15 million reimbursement request handed down recently by a New York federal judge. Plan sponsors should note that the defendant, WPN Corp., was ordered by the […]

Noncompetes Often a Nonstarter

By Gulu Punia and Kyla Stott-Jess Signing a noncompete agreement can potentially provide some assurance that former employees will not start up or join the competing business across the street. In the absence of a noncompete agreement, employers often try to rely on their former employees’ fiduciary duties to combat competition. Unfortunately, Alberta’s Court of […]

HR Metrics Survey—What’s Being Measured These Days?

Big data is omnipresent in today’s business landscape. Metrics and analytics, along with the hypotheses drawn from them, are having a great impact on how decisions, big and small, are made—including in the field of human resources. So, what’s happening with HR metrics out there? What are your competitors measuring to gain an advantage? Help […]

This Decision May Not Make the Grade

By Jeanine Poole It may seem that requiring a high-school diploma for a job is a correct answer. However, a recent “informal discussion letter” from the Equal Employment Opportunity Commission (EEOC) indicates that you may need to do more studying before making that choice. Background In October 2011, the state of Tennessee wrote the EEOC, […]

Lessons from Martin Luther King, Jr.

On Monday, our nation celebrated Martin Luther King Jr. Day. It’s appropriate that we celebrate the life of this great American for all he did to positively impact life in our great country. A peek into Dr. King’s life and his pursuit of civil rights reveals that he can be a great role model for […]

ADA: Did Employer Have the Right to Discharge Employee for Lingering Wound?

By Libby Rasmussen, JD Employers can find themselves between a rock and a hard place when an employee’s illness or injury poses a risk to other people—e.g., patients, customers, and colleagues. Employers have an understandable desire to keep others out of harm’s way, but they could face a disability discrimination suit if they don’t execute […]

Independent Contractors: California Supreme Court Clarifies Whether You Can Be Sued When A Contractor’s Employee Is Injured On The Job; 5-Point Plan To Protect Yourself

For several years, the California Supreme Court has wrestled with the issue of when the employee of an independent contractor can sue the company that hired the contractor for on-the-job injuries rather than just collect workers’ compensation benefits. Now the high court has issued two new opinions further clarifying when you can be sued for […]