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Write Fed-Friendly Job Descriptions

How should you go about writing your job descriptions? Consider this four-step process from the fed’s Job Accommodation Network (JAN)—likely to pass muster during any agency inspection. JAN is a service of the U.S. Department of Labor’s Office of Disability Employment Policy. JAN’s program consists of the following steps: Step 1: Perform a Job Analysis […]

OFCCP Proposes Pay Data Reporting Rules for Federal Contractors

Certain federal contractors and subcontractors would have to submit summary data annually to the federal government that would identify employee compensation based on sex, race, hours worked and other factors, under new regulations proposed by the U.S. Department of Labor’s Office of Federal Contract Compliance Programs. The rules’ preamble called this “a critical tool for […]

EBSA Proposes Change to MEWA Form 5500 Reporting Requirements

Employers and plan administrators with multiple employer welfare arrangements (MEWAs) that had not been required to file a Form 5500 for their MEWA may have to if  a proposal by the Department of Labor’s (DOL) Employee Benefits Security Administration (EBSA) is adopted. EBSA on Dec. 6 published a proposed revision to Section 2520 of the […]

Back Pay Damages Include Overtime in FMLA Retaliation Claim, Courts Rule

Employers should be aware that back pay sometimes can entail more than base compensation. The 1st U.S. Circuit Court of Appeals provided that reminder through its recent holding that overtime compensation may be included in an award of back pay. The case is Pagán-Colón v. Walgreens of San Patricio, Inc., Nos. 11-1089, 11-1091 (1st Cir. […]

Psst! I’ll Show You How to Work Around that Policy

Make sure employees know the “why” behind your tech policies, says attorney Lisa Guerin. Otherwise, they’ll find workarounds that could confound—or bring down—your systems. Guerin’s tips come from her recently published book, Smart Policies for Workplace Technologies (NOLO, 2009). She says that you must explain the policies you write about technology. If your employees don’t […]

Administration Proposes FLSA Coverage for Home Health Aides

By Liza Casabona In a long anticipated move, the Department of Labor today proposed extending coverage under the Fair Labor Standards Act to 1.79 million workers providing in-home care services to the elderly and infirm. Workers categorized as “companions” are currently exempt from the minimum wage and overtime protections of the Fair Labor Standards Act. […]

Defense of wage discrimination claims for the present and beyond

by Jason R. Mau Over the last three years, members of Congress have attempted to amend the Equal Pay Act (EPA) to improve and ensure its protection of individuals subject to pay discrimination on the basis of gender. Originally approved in January 2009 by the House of Representatives, the Paycheck Fairness Act (PFA) failed to […]

Job Posting

Alas, repeats. My able colleague, Jaclyn West, wrote about this week’s episode — The Chump — in her excellent post of May 14. But fear not. There is big news this week that demands its own post. NBC has confirmed that Steve Carell will leave The Office when his contract expires in 2011. Michael Scott’s seven-year reign as Scranton […]

Small Decencies: King Wenceslas’ Job and Yours

At this time of year, we remember King Wenceslas, the 10th-century monarch who took food and firewood to the poor. That small decency was long ago, but author and company CEO Steve Harrison reminds us that small decencies, day after day, still build great companies. A CEO is the business leader, but a CEO is […]

Employees, Public Criticism, and the Media

by Jean-François Cloutier Your employee makes critical comments to the press about your company. Is he a legitimate whistleblower or has he violated his duty of loyalty to his employer? In Chopra et al. v. Treasury Board (Department of Health), an adjudicator at the Public Service Labour Relations Board recently considered just that. He considered […]