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The New Pension Protection Act: What You Need to Know

The nation’s new retirement plan law puts additional compliance burdens on employers, and especially on HR. Here are some of the key changes. The 1990s were boom time in America. The stock market surged and billions were made in the blink of an eye. “Greed is good” was the mantra of the day. But, as […]

Could Taking on Unpaid Summer Interns Lead to Trouble Under the FLSA?

However, warns Evelyn Gentry, Faegre Baker Daniels LLP, there are downsides for employers that use unpaid interns, the most notable being potential violations of the FLSA. Misclassifying employees as unpaid interns, and thereby denying them federal minimum wage and overtime wages can result in costly litigation, civil fines, or both. Furthermore, employers who willfully violate […]

Who’s in Control: 3rd Circuit Looks at FLSA’s Joint Employer Test

When a worker is employed by two or more separate employers, this normally presents no special problems under the Fair Labor Standards Act. But even where the employee works for an entirely separate employer, there may still be a question of whether two employers are so entangled as to create a “joint employment” relationship where […]

Morale’s Role in Accommodation Decisions

Yesterday, we looked at the first half of attorney James Brown’s “Top 10” tips for complying with California’s disability bias laws. Today, the rest of the list—plus an introduction to a valuable new resource that will quickly become your indispensable guide to California’s complicated workers’ comp laws.

When Harry left Sally: employers’ obligation to offer insurance postdivorce

by Kathryn M. Grigg Although employers may want to avoid the uncomfortable topic with employees, you can’t avoid your legal obligations to an employee’s former spouse postdivorce. For a period of time after a divorce, you’re required to offer health insurance continuation and conversion benefits to an employee’s former spouse and dependents. Here’s a summary […]

ADA Accommodations: “100% Healed” Return-To-Work Policies Ruled Illegal

If you require a disabled employee to be completely recovered before returning to work, it’s important to reconsider that policy in light of the Ninth Circuit’s recent ruling involving Amtrak (see above). In the case, a disabled ticket agent who could no longer perform her job claimed that her supervisor wouldn’t allow her to bid […]