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Classification Changes: Do I have to notify an employee before I change her status from exempt to nonexempt?

Do I have to notify an employee before I change her status from exempt to nonexempt?     For various legal and practical reasons, you should give notice in this circumstance. Two of those reasons: 1) Employers are required to keep records of a nonexempt employee’s hours worked each day, which typically means that nonexempt […]

OFCCP updates guidance on gender identity and transgender discrimination

by Tammy Binford On August 19, the Office of Federal Contract Compliance Programs (OFCCP) announced a new directive related to its decision to update its enforcement actions regarding gender identity and transgender discrimination. On June 30, the U.S. Department of Labor (DOL) announced it would update its enforcement protocols and guidance to reflect that the […]

Never Say Never, and Never Say This

Yesterday’s Advisor featured the first six of author Darlene Price’s 10 phrases that kill your pitch; today, killer phrases 7 through 10, plus an introduction to the all-HR-in-one-place website, HR.BLR.com. [Go here for killer phrases 1 to 6.] 7. AVOID: “…don’t you think?”  or, “…isn’t it?” or “…OK?”  To convey a confident commanding presence, eliminate […]

FMLA: Merely Directing Employee to Apply for Leave Isn’t Enough

By Sarah Caldwell Breslin, JD The U.S. Court of Appeals for the 7th Circuit—which covers Illinois, Indiana and Wisconsin—recently ruled that a Columbus (Indiana) teacher who claimed his contract wasn’t renewed for discriminatory reasons should have his Family and Medical Leave Act (FMLA) claims heard by a jury.

QLACs ‘Pension-ize’ Defined Contribution Plans

Qualifying lifetime annuity contracts in July 2014 became another option for defined contribution plan sponsors to offer to assist with retirement income security when the U.S. Treasury Department and IRS issued final regulations allowing them. Now, plan sponsors and participants near retirement age face some confusing choices when considering whether QLACs are right for their […]

Exempt Employees: Court Deals Blow To Overtime Class Action Trend

Over the past several years, many employers have been blind-sided by big class action lawsuits claiming employees were misclassified as exempt from overtime and owed millions—sometimes tens of millions—in back pay. Employers who have been hit include Taco Bell, Farmers Insurance Exchange, Mervyn’s California, U-Haul International Inc., Ross Dress For Less and Rent-A-Center. But a […]

Video Technology Changing Interviewing Process

When you think about interviewing job candidates, what comes to mind? The interviewee makes sure his clothes are neatly pressed (and free of stains) and that his hair is combed, teeth are brushed, and palms are dry for the inevitable interviewer handshake. Well, today that handshake may never happen. Technology, especially video technology, is radically […]

Poor Performance and the FMLA

Questions about how the FMLA intersects with performance problems often arise. Let’s see how the U.S. 4th Circuit Court of Appeals addressed the issue in a recent case. Read more.

Complaint on DOT Debit Card Program Could Affect Future QTFB Guidance, Part 1

A private company that provides paper transit vouchers to parts of the federal government for use in its qualified transportation fringe benefits has claimed that the U.S. Department of Transportation is implementing an electronic payment system that does not comply with IRS guidelines in a program that is intended to replace paper transit fare vouchers […]