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2nd Circuit Reverses Xerox Plan’s Use of ‘Phantom’ Offset

For the third time in eight years, a federal district court decision endorsing Xerox’s pension plan interpretation has been reversed, setting aside judicial deference usually granted to these interpretations under ERISA and moving Xerox retirees closer to winning final benefits. The issue in the case is how an earlier lump-sum distribution to some employees affects […]

9 Ways NOT To Hire the Best and Brightest

Hiring is such a critical role for managers and supervisors, yet many of them take a casual or mistaken (read legally dangerous) view of the job. In today’s CED, we share a few of the worst interview approaches we’ve come across.

Survey Says: More Training Needed for Higher Technical Requirements

Almost half (49%) of Human Resources professionals expect that a higher education level will be required for most jobs within that time frame, according to a survey by the Society for Human Resource Management (SHRM) and Achieve. And 46% said that most jobs today already require a higher education level than a decade ago. Manufacturing […]

Wal-Mart Employee Class Action in USA – Lessons for Canadian Employers?

By Donna Gallant When the Ninth Circuit Court of Appeals (San Francisco) affirmed an order certifying the largest employment discrimination class action ever in the United States, Wal-Mart was left facing a class of up to 1.5 million members. Employers were left wondering just how big and powerful these opponents might get. On December 6, […]

PBGC Wants Thoughts about Missing Participants

The U.S. Pension Benefit Guaranty Corporation may start providing new services to help plan sponsors spend less time identifying, locating and corresponding with missing plan participants. The agency is seeking public comment until Aug. 20 on several aspects of administering a missing participants program when terminating individual account plans, according to a June 21 Federal […]

Karma in the C-Suite? Readers Respond

Does “what goes around come around”? BLR® CEO Dan Oswald shared his thoughts on the subject in a recent edition of The Oswald Letter. Many readers agreed with Oswald; others were concerned about his state of mind. Oswald’s original column concluded: “Don’t spend your time thinking about how unfair life is because some people seem […]

McCutchen Ruling Gives Reason to Reevaluate ERISA Plan Terms

It is clear based upon the U.S. Supreme Court decision in U.S. Airways v. McCutchen that ERISA health plans should consider modifying their plan provisions to expressly negate the application of the common fund rule in the future. This decision represents a victory and a reminder. The McCutchen ruling (No. 11-1285 (U.S. Ct., April 16, […]

Implant Charges Seen as Ripe for Health Plan Cost Control

Implants — spinal fusion; as well as hip, knee and shoulder replacements — have emerged as major price problems today. Costs are up and so is utilization, which explains the cost surge health plans are undergoing for these procedures, according to three attorneys from The Phia Group in Braintree, Mass., who spoke in a Jan. […]

EEOC pursuing more systemic cases

by Jerome Rose The Equal Employment Opportunity Commission (EEOC) has been pursuing cases beyond its traditional reach to expand its enforcement authority toward a goal of developing and litigating systemic cases (i.e., cases in which a policy or practice discriminates on a broader basis, as opposed to a single decision affecting a single employee). As […]

Monster® Publishes Hiring Secrets

Who’s the expert on recruiting these days? It might just be Monster, the giant job-finding website. Here’s what their new hiring guide, Finding Keepers, says about successful recruiting: With 40 million jobseekers and thousands of employers using Monster.com, it’s hard to ignore the website’s impact on hiring. So who better to dish out some hiring […]