Have You Taken These 6 Steps to Create a More Diverse Workforce?
Continuing yesterday’s post, here are six additional action items you’ll want to contemplate doing if you want to develop a more diverse workforce and workplace at your organization.
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Ameriprise Suit Alleging 401(k) Fund Selection Favoritism Allowed to Advance
A recent U.S. district court decision is the latest ruling over plan fees and may give a legal foothold to participants seeking restitution for investment decisions they deem imprudent. Judge Susan Richard Nelson of the U.S. District Court for the District of Minnesota ruled against Ameriprise Financial Inc. in a case concerning allegations that the […]
Was Truck Driver Owed Overtime under MCA Exemption?
By Arielle B. Sepulveda, JD The U.S. 3rd Circuit Court of Appeals—which covers Delaware, New Jersey, and Pennsylvania—recently ruled that an employee who worked on both large trucks—the operation of which is exclusively regulated by the U.S. Department of Transportation (DOT)—and smaller vehicles was entitled to overtime pay under the Fair Labor Standards Act (FLSA).
Mo’ Money! Statutory Termination Can Lead to Common Law Damages
By Marisa Victor and Sean McGurran Following a recent decision by Ontario’s highest court, employers across Canada may now be on the hook for more termination pay when nonunion employees are laid off for an extended period. In the recent decision of Elsegood v. Cambridge Spring Service (2001) Ltd. (Elsegood), the court concluded that when […]
Put the Performance Review Out of Its Misery
"It’s time to put the performance review out of its misery," says consultant and professor Samuel Culbert. "This corporate sham is one of the most insidious, most damaging, and yet most ubiquitous of corporate activities." Culbert, a professor of management at UCLA, goes on to say that the performance review is "a pretentious, bogus practice […]
Compensation: How Do We Calculate Commissions for Final Paychecks?
Many of our workers are compensated through commissions. We have had a lot of trouble calculating their final pay if they leave the company. How do we figure out which commissions they are owed (e.g., for sales that are closed but not yet paid or for sales in which they participated but that haven’t closed)? […]
Play or Pay Explained–IRS issues Q&A on ACA
The Internal Revenue Service (IRS) has issued the long awaited notice of proposed rulemaking on Employer Shared Responsibility for Healthcare—better known as Play or Pay—that takes effect on January 1, 2014. The IRS has also issued a Q&A on the requirements of the proposed regulations, says BLR® Senior Legal Editor Martin Simon, JD. In the […]
March madness or good, clean fun? What HR needs to know about office gambling
by Justin Lessner For many sports fans, March means March Madness and hour upon glorious hour of college basketball. There’s a good chance that some of your employees are planning office pools, just waiting for Selection Sunday, the day the official brackets are released. While they view office pools and other office gambling as a […]
Court Considers EEOC Claims that Wellness Program Was Involuntary, Employee Fired for Nonparticipation
In EEOC v. Orion Energy Systems, Inc., a federal district court considered a challenge to an employer’s wellness incentive program. As explained in part 1 of this article, the court rejected the company’s contention that the Americans with Disabilities Act’s (ADA) safe harbor for benefits administration should apply.
Employer’s Cost-Cutting Move Backfires
With the economy still on shaky ground, many employers are desperate to cut costs. But it’s important not to let financial desperation cause you to make bad business choices—such as going into business with the wrong people. As one employer learned, the consequences can be far more costly in the long run.