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Affirmative Action: Employer Hit With $5.4 Million Verdict After Firing Recruiter Who Disputed Minority-Hiring Report

Karen Yarborough, a recruiting manager for Pleasanton-based PeopleSoft, complained to her supervisors that the company’s affirmative action hiring data was false. Then, just two days before an on-site audit of the software maker’s employment data by the Office of Federal Contracts Compliance Programs, Yarborough was fired. Now an Alameda County jury’s multimillion-dollar verdict for Yarborough […]

Shift of Accounts to QDIA From Stable Value Fund Allowed by Courts

By Jane Meacham A plan sponsor’s immunity from financial losses that resulted from its shift of retirement plan participants’ investments into qualified default investment alternatives was upheld by the 6th U.S. Circuit Court of Appeals in its decision in Bidwell v. University Medical Center Inc., Case No. 11-5493 (June 29, 2012). Facts of the Case […]

Life after certification applications: Lawful outsourcing and scope of bargaining units

by Karine Fournier and Valérie Gareau-Dalpé Union certification applications can have profound impacts on the workplace. The bargaining unit’s composition will have implications for the conduct of the employer’s business, and it bears close attention. The union applying for certification will be the one proposing the scope of the bargaining unit. Merely showing there is […]

Québec Contractors Can’t Have Their Cake and Eat It Too

by Marie-Julie Lanctôt For a variety of reasons, more and more employees want to create companies to provide their services as contractors, rather than employees. Such services will often be identical to those that were provided when the individual was an employee. Subject to a tax, employment insurance or Canada Pension Plan audit, that may […]

IRS Fleshes Out Plans for Applying ‘Cadillac Tax,’ Seeks Input

New IRS guidance spells out more issues the agency plans to address in imposing the excise tax on high-cost employer-sponsored health coverage (commonly known as the Cadillac tax). These include: (1) identifying taxpayers who may be liable for the excise tax; (2) aggregating several employers under one plan sponsor’s payment; (3) allocating the tax among […]

Skinny Plans: Adhering to the Letter (But Not the Sprit) of Health Reform

An increasing number of employers are examining providing a low-benefits health plan that covers only preventive health services but not high-price major medical claims. Offering this type of low cost or “skinny” plan is allowed under the health reform law. The question is: Will skinny plans trigger a large-employer exodus to de minimis coverage, and if so, […]

Pending Federal Legislation Would Create New Leave Mandates for Employers

The Supporting Military Families Act of 2009 was introduced in both houses of Congress in late July 2009. A mere three months later — on October 28 — it was signed into law as part of the defense funding bill for 2010. The legislation expands the circumstances in which employees may take both qualifying exigency […]

Healthcare reform and independent contractors

by Gesina M. Seiler The implementation of the Affordable Care Act’s (ACA) tax credit for employers with fewer than 25 employees and the looming requirement that large employers (those with 50 or more full-time-equivalent (FTE) employees) provide affordable health insurance to their full-time employees or pay a penalty have resulted in some employers trying to […]

Obesity Epidemic in Your Workplace? CDC Can Help

There’s an "obesity epidemic" in the U.S., and that means there’s probably one at your workplace, too. Obesity is a natural target for wellness programs. The effects of obesity—from cardiac problems to diabetes—are dire, but they are reversible through exercise, diet, and nutrition. What works best to reduce obesity? The Centers for Disease Control and […]