Practical HR Tips, News & Advice. Updated Daily.
Eliminating a participant option to switch to a defined benefit plan from a defined contribution offering does not violate ERISA anti-cutback provisions, even if participants’ accrued — but unclaimed — benefits are reduced. The recent ruling in Andersen v. DHL Retirement Pension Plan (Case No. 2:12-cv-00439-MJP WL 5389141, U.S. Dist., Western District of Washington Nov. […]
A 56-year-old facilities coordinator who claimed her performance review was downgraded to justify her termination has been awarded $517,077 in damages. Dion Woodward sued Kaiser Foundation Hospital in Los Angeles for age discrimination after she was fired and allegedly replaced with a 38-year-old. Woodward worked for Kaiser for 31 years and claimed she always received […]
Reducing the risk of data breaches requires assessing your company’s vulnerabilities, then addressing them with policies, procedures, training and agreements. The media tend to focus on external hackers, but “the real culprits for most our clients are internal,” according to employment law attorney Robert Fitzpatrick. Employee data breaches can be classified into the deliberate and […]
By Robert BowenJust My E-pinion Today’s guest columnist, an SPHR-certified former lieutenant colonel, shares how he’s learned to make good use of “command” and “compassionate” people strategies. Robert Bowen, SPHR, Lt. Col. (Ret.), is the HR career coach at HumanResourcesCoaching.com. As human resources professionals, we often find ourselves “switching hats” between two distinct day-to-day roles: […]
Employee background checks are used by an estimated 92 percent of organizations in one form or another before hiring someone. They can be quite useful, but employers should be careful because the EEOC has been cracking down on illegal use of background information. Are you aware of what you should and shouldn’t be doing with […]
The Equal Employment Opportunity Commission (EEOC) has issued a new rule aimed at clarifying when the “reasonable factors other than age” (RFOA) defense can be used in claims filed under the Age Discrimination in Employment Act (ADEA). The rule is to be published in the Federal Register on March 30. A statement from the EEOC […]
By Keri Bennett When a long-service costume designer was dismissed following a workplace harassment investigation, a British Colombia arbitrator found the company’s no-hire ban for all future productions to be excessive, since there was a lack of progressive discipline. Despite finding that the fired employee had engaged in longstanding and widespread harassment of junior employees, […]
Hiring even one new employee invokes no fewer than seven federal laws and probably a few state laws as well, says attorney Stephen R. Woods. How does an employer navigate this legal minefield? Woods offers five easy rules. Woods, a shareholder with the national law firm of Ogletree Deakins, made his suggestions at the recent […]
By Lorene Novakowski and Brandon Wiebe On November 15, 2013, the Supreme Court of Canada ruled that a union’s right to collect, use, and disclose personal information for legitimate labor relations purposes outweighs an individual’s right to privacy. In so doing, it declared Alberta’s Personal Information Protection Act (PIPA) unconstitutional but suspended the declaration for […]