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DOL Misclassification Initiative Focuses on Drug Reps, Farm Hands and Home Nurses

Whether an employee is exempt from the FLSA has been a turbulent topic this year, as both DOL and Congress have been issuing proposals and bills regarding exempt jobs. DOL has been involved with the status of pharmaceutical representatives, in-home caregivers and children working on farms. Although no changes have yet been made to the […]

Recruiting Workers: Sample Anti-Raiding Agreement

Our accompanying story looks at the issues raised when a former employee lures away existing workers. Having employees sign an “anti-raiding agreement” is one way to deal with this problem. In general, these contracts are more likely to be upheld by a court if they’re for a limited period of time, such as one year. […]

Conflict Resolution: Your Supervisors’ Hidden Responsibility

Conflict resolution. Sometimes it seems that’s all we do. Today, we follow up on yesterday’s story on mediation, and present a new audio conference that helps line supervisors and managers learn how to do it right. With the high costs of litigation, mediation is an increasingly popular way to deal with conflicts at work. However, […]

U.S. Supreme Court Reverses Decision on Decades-Old Maternity Leave

In a May 18, 2009, decision, the U.S. Supreme Court addressed the issue of whether women who took maternity leave decades ago (before discrimination based on pregnancy became illegal) can sue to have their pregnancy leave time count toward their pensions. The Court reversed the Ninth U.S. Circuit Court of Appeals’ ruling and held that […]

Pre-resignation training costs not recoverable

by Jennifer Shepherd Can Canadian employers who require employees to undergo training to upgrade their skills as part of their employment then seek reimbursement from the employee if the employee subsequently resigns?

Americans With Disabilities Act: Historic Supreme Court Ruling Limits Liability For ‘Correctable’ Disabilities

A number of cases in recent years have raised the thorny issue of whether the Americans With Disabilities Act protects workers whose disabilities don’t necessarily affect them at work because they take medication or use corrective devices. Now, in a trio of important new decisions, the U.S. Supreme Court has overturned the Equal Employment Opportunity […]

You don’t have to be an 800-pound gorilla to create a better health plan for employees … but it sure helps

Self-funded companies can do a lot to improve employee health through wellness programs and creating “micro health delivery systems” (my term) with goals tailored to the firm’s employee population. The catch may be that only employers that are very large, very innovative and want to get very involved in health care may be able do […]

News Notes: Cash-Balance Retirement Plans Spark Controversy And Legislation

IBM¹s recent announcement that it was converting from a traditional pension plan to a cash-balance plan triggered angry employee protests and age discrimination allegations. Now, government agencies and federal legislators are vowing to take a closer look at the impact cash-balance plans have on older workers. Unlike traditional pension plans in which workers earn most […]