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Termination Agreements: Recent Case Says Commonly Used Language Exposes Employers To New Risks

When you ask an employee to sign an employment termination agreement in exchange for severance benefits or other payments, you probably include language making clear that the agreement supersedes any prior understandings there may have been between you and the employee. But a new case suggests this commonly used provision has some significant hidden risks—and […]

‘Let It All Hang Out’ Diversity Training: Blueprint for Lawsuits?

Diversity consultants want to get your managers to bare their true feelings about race, gender, and sexual preference. “That’s a very dangerous approach,” says today’s expert. Beware of diversity training that’s really a therapy session, encounter group, or other forum for employees to “let it all hang out,” says attorney Lindsay Harris. Harris is senior […]

CMS Finalizes Health Insurance Marketplace Rules

On December 16, the Centers for Medicare & Medicaid Services (CMS) issued the Notice of Benefit and Payment Parameters final rule and the final Annual Letter to Issuers for 2018. The primary focus of the notice—risk stabilization—complements recent announcements that are meant to improve the risk pool, including actions to address third-party payments of premiums and improve program integrity for […]

A deal or not? Lack of release not necessarily trouble for employer

By Karen Sargeant You’ve terminated an employee’s employment without cause and offered a reasonable package. You’ve negotiated a settlement, prepared the settlement documentation, and paid out the severance. You thought you dotted all your i’s and crossed all your t’s, but you forgot one crucial part – the former employee never signed the release you […]

The Why, When, Who and How of Social Media Background Checks

In yesterday’s Advisor, attorney Eric Meyer covered legal challenges related to social media background checks. Today, his take on managing such checks, plus an introduction to a unique 10-minutes-at-a-time training program for supervisors and managers. In an interview, you have at least some control, but when you go online, you have no control over what […]

Relying on Luck to Avoid Employee Legal Claims Is Dangerous and Expensive

Here’s a case that will probably make employers feel great about their own compliance efforts. You know who you are: You train your new hires on all company policies, you have sparkling and oft-reviewed nondiscrimination, nonharassment, and nonretaliation policies, you conduct supervisory training early and often, and your folks know how to recognize potentially harassing […]

Movement on overtime rules unlikely before Trump takes office

The U.S. Department of Labor (DOL) has requested that an appeals court fast-track its appeal of an injunction blocking the new overtime regulations. But even if the court agrees to the DOL’s proposed expedited schedule, it wouldn’t take action on the injunction until at least February, weeks after President-elect Donald Trump takes office. The department […]

New Hampshire new-hire reporting requirements changing August 3

by Heather L. Devine New Hampshire House Bill 440, which made several changes and clarifications to new-hire reporting requirements, goes into effect August 3. Most important, the new law requires employers to complete a new-hire report to the Department of Employment Security when a former employee has been rehired (regardless of whether she was laid […]