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Court Reverses Award of Deceased’s Pension to Stepchildren

By Jane Meacham An appellate court sided with a plan administrator’s decision that a deceased plan participant’s stepsons are not entitled to his pension benefits, a ruling that may set the direction for similar plan interpretations under ERISA law. In the case, Herring v. Campbell , Case 11-40953 (Aug. 7, 2012), John Wayne Hunter, a retiree […]

Election Reflections from Dozens of Employment Law Attorneys

Tuesday’s election brought tremendous change to Congress and many state legislatures and swept in a number of new governors. Many of the promises made by these newly elected government officials will affect employers. Following the election, various members of the Employers Counsel Network took the time to provide their insight on the local and national […]

Common Managers’ Goofs That Can Sink Your Business

Pass any courthouse and those thuds you hear are companies landing in front of juries because of HR errors by their managers. Here’s a list of some of the most common miscues. “Loose lips sink ships.” That was a popular World War II slogan. It was used to caution war workers against carelessly revealing what […]

Some Things Stay the Same under the ADA Amendments Act

by Timothy F. Murphy This week, to review what has and hasn’t changed under the amended Americans with Disabilities Act (ADA), we’re taking a look at a disability discrimination cases that deals with essential job functions and reasonable accommodation. Determining the truly essential functions of a job is often at the heart of a disability […]

Iowa expunged records law takes effect January 1

by Tara Z. Hall While not a true “ban the box” measure, a new Iowa law taking effect January 1 will allow exonerated individuals to keep past criminal charges from becoming known to potential employers. The measure, signed into law last spring, sets up a process for individuals who have been wrongfully accused of a […]

360 Reviews: My Medicine for Self-Delusion

By BLR Founder and CEO Bob Brady Just My E-Pinion In today’s E-pinion, BLR founder and CEO Bob Brady admits to some humbling moments after receiving 360-degree review results, but recommends using the technique for all managers, especially for CEOs who may be more susceptible than most to self-delusion. Years ago, when BLR was first […]

Sometime You’ve Gotta Use the “F” Word

Recently, I was intrigued by a Wall Street Journal article — “A Four-Letter Word Schools Won’t Use.” It said that colleges absolutely refuse to use the “F” word. Yes, it’s true. Schools avoid using the word “FIRE” at all costs. According to the article, the writer analyzed 50 recent news releases announcing coaching changes in […]

Was Nurse Immunized from Discipline by Taking FMLA?

By David M. Stevens, Whiteford, Taylor & Preston Employers frequently experience heartburn when employees who have recently taken leave protected by the Family and Medical Leave Act (FMLA) engage in conduct that warrants discipline or even termination. You are rightly concerned about the possibility that an employee in that situation may allege retaliation if you […]

ADA Accommodations: Supreme Court Says State Workers Can’t Sue Their Employers For Damages Under The ADA

Over the last several years, the U.S. Supreme Court has issued a string of decisions limiting the rights of state employees to sue their state employers for violating federal employment laws. Now a new high court decision continues the trend, ruling that state employees can’t recover damages for disability discrimination under the Americans with Disabilities […]