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US Labor Department, Colorado Department of Labor and Employment sign agreement to reduce misclassification of employees as independent contractors

Nancy J. Leppink, deputy administrator of the U.S. Department of Labor’s Wage and Hour Division, and Ellen Golombek, executive director of the Colorado Department of Labor and Employment, signed a memorandum of understanding Dec. 5 regarding the improper classification of employees as independent contractors. “This memorandum of understanding helps us send a message: We’re standing […]

Gender Change May Be a Physical Disability

By Jonathan C. Sterling As we have reported in the past, transsexual employees may be protected from discrimination, at least in some cases, by federal and state law. The decisions granting that protection have treated such discrimination as a violation of gender or sex discrimination law. However, courts have been reluctant to recognize that transsexual […]

Overtime class actions on the increase in Canada

By Hannah Roskey Overtime class actions are alive and well in Canada. This was confirmed by a recent Ontario court decision. In Rosen v. BMO Nesbitt Burns Inc., a Superior Court judge allowed such a class action, brought on behalf of a group of investment advisers, to proceed.

How to prepare for heightened immigration enforcement

by Elaine C. Young The employment-based immigration bar is bracing for heightened worksite enforcement from the Trump administration. To be sure, U.S. Immigration and Customs Enforcement (ICE) engaged in plenty of worksite enforcement during the Obama years. But the sentiment among the immigration bar, as we review updated policy memoranda and attend conferences at which […]

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 […]

Independent Contractors: IRS Issues Employer-Friendly Rules For Resolving Classification Disputes

An IRS audit claiming you misclassified workers as independent contractors rather than employees can be frustrating and expensive to resolve. But recent changes in IRS procedures for handling independent contractor classification problems may take some of the sting out of dealing with the government. New Rules For Independent Contractor Disputes Under the prior rules, if […]

BLR’s 2013 perks survey results

From health insurance to stock options to paid vacation, employees love perks. They can help in efforts to recruit the best applicants as well as retaining and engaging your top performers. Recently, BLR surveyed 1,493 HR professionals about the types of perks they offer employees. Paid holidays is the number one perk provided by the […]

When Fairness Meets Finance: The New Reality of People Decisions 

People decisions are some of the most scrutinized decisions organizations make. Pay adjustments, promotions, bonuses, and headcount choices are no longer quiet HR moments, they are visible, questioned, and often challenged. Employees expect fairness and transparency. Finance leaders expect discipline and predictability. Managers are asked to balance empathy, accountability, and cost often all at once.  This shift matters because it […]

Boomers (and Their Employers) Face Work/Life Challenges

Modern medicine continues to increase life spans in the United States. Just as an example, the death rate for heart disease has dropped 60 percent in the last 50 years. The death rate for stroke has dropped even more, by 70 percent. And deaths from cancer have decreased 10 percent just in the last 15 […]

Despite flaws, survey finds employers sticking to performance evaluations

If it’s not review season at your organization, you probably aren’t thinking about performance evaluations. Often review time comes around just once a year, and it’s not top of mind any other time—possibly because so many people dread the process.  For human resources professionals, that process can be even more stressful than it is for […]