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Wage And Hour: Employer Takes Big Hit For Not Paying Overtime To On-Call Workers; Practical Pointers
If you use on-call employees, it’s important to understand when you have to pay for their on-call time. In a recent case, an employer failed to properly compensate its on-call workers and was clobbered with a steep bill for two years of back overtime. We’ll provide guidance to help you determine when you must pay […]
News Notes: Microsoft Loses Independent Contractor Class Action Lawsuit
Reaffirming its decision from last fall, the federal Ninth Circuit Court of Appeal covering California has ruled that employees who were misclassified as independent contractors by Microsoft are eligible to participate retroactively in the company’s lucrative stock purchase program and possibly its pension plan as well. Part of Microsoft’s problem was that its forms and […]
Millennials will transform management practices
by Jimmy Daniel Millennials, also known as Generation Y, have surpassed Generation X and Baby Boomers to become the largest group in America’s workforce, according to Pew Research Center’s analysis of the 2015 U.S. Census Bureau data. Not only are Millennials continuing to grow and dominate the workforce, but they are also starting to take […]
Court Clarifies Successor Liability Rule for Wages Owed by Predecessor
By David M. Stevens, Whiteford, Taylor & Preston LLP A business that purchases the assets of another entity is often concerned about whether it will be held liable for the seller’s debts, including any claims involving employees. In a recent case, Maryland’s Court of Special Appeals examined the standard to be applied in determining whether […]
Pension Plans: IBM Wins Cash Balance Pension Case
The U.S. Court of Appeals for the Seventh Circuit has rejected a lawsuit charging that IBM’s conversion to a cash-balance pension plan violated age discrimination prohibitions in the Employee Retirement Income Security Act (ERISA).
Opportunity for Employers to Give DOL Feedback on Provider Fee Disclosure
More than two years into the regulation’s implementation, the U.S. Department of Labor wants industry and plan sponsor comment on its regulation that requires retirement plan service providers to disclose fee information to fiduciaries. ERISA Section 408(b)(2) requires covered service providers to give fiduciaries information they need to assess the “reasonableness” of the administrators’ total compensation, […]
Oklahoma Immigration Law Passes Test
Oklahoma’s immigration law, House Bill 1804, contains a number of employment provisions, including limitations on terminating employees while knowingly retaining unauthorized workers and requiring verification of employees’ legal work status. On February 11, 2009, Tulsa District Court Judge Jefferson D. Sellers ruled that the immigration law’s employment provisions don’t violate the Oklahoma Constitution. Oklahoma employers […]
Romney: Dodd-Frank Act a ‘Boon’ to Big Banks
Retirement plans’ fortunes are tied to the financial markets — and how the federal government regulates them — and there has been no bigger development in that arena than the Dodd-Frank Wall Street Reform Act of 2010. The law made news Oct. 3, when presidential candidate Mitt Romney criticized Dodd-Frank’s “too big to fail” provision, […]
Ho Ho Ho…liday Lawsuit? 3 Tips To Protect Yourself
In a recent article for our premium service, California Employer Advisor, we offered 11 tips for employers to limit liability when hosting a company holiday party. In this post, we offer you 3 of those tips to keep your event sane and safe and liability-free.