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Supreme Court Sets High Bar for Class Certification

by Brad Williams, Holland & Hart LLP The U.S. Supreme Court’s Dukes v. Wal-Mart decision is enormously consequential for employers, particularly those facing “bet-the-company” class actions involving allegations of widespread discrimination. In essence, the Court answered a number of outstanding procedural and interpretive questions involving the federal class-action device in such a way as to […]

Great Employee … for Another Job

Does “right person, wrong role” sound familiar? It turns out the situation is fairly common.

Top 10 OSHA citations of 2014

by John E. Hall The Occupational Safety and Health Administration’s (OSHA) most-violated standards for fiscal year (FY) 2014 were recently announced at the National Safety Council Congress and Expo in San Diego, California. Once again, there were few surprises. Employers would be wise to assess their efforts to comply with the 10 identified standards.  In […]

DOL: New Overtime Rules Expected This Spring

The U.S. Department of Labor will likely propose changes to its overtime regulations this spring, Secretary of Labor Thomas E. Perez told lawmakers March 18. President Obama last March instructed DOL to simplify its rules and raise its salary threshold defining which workers are exempt from overtime. To be considered exempt from the minimum wage […]

Background Checks: $1.1 Million Verdict For Failing To Confirm Applicant’s Identity; 5 Red Flags That Were Ignored

Manor Park nursing home in Texas hired Clifton Orphy as a janitor. The trouble was Orphy was using a different name and a fictitious date of birth and Social Security number. Consequently, Manor Park discovered that the person it hired had five prior felonies on his record only after he had raped an 84-year-old nursing […]

Funding Changes May Embolden Pension Investors to De-emphasize Risk

Many retirement plan sponsors and administrators are cheering the phase-in of reduced funding requirements that tie future company contributions to a 25-year average interest rate. Nonetheless, some experts predict that the changes may encourage investors in these plans to think less about hedging risk. A report Towers Watson issued, “The Implications of Funding Relief: What […]

Business Strategy: Is Yours the Right One?

I’ve been thinking and reading a lot about strategic planning lately. I guess when all hell is breaking loose, as it has been for many businesses of late, it becomes real easy to question the strategic direction of the company. When sales are falling or profits are eroding, when new ventures are struggling to gain […]

Beating the Heat

Last week, basketball royalty and media-superstar LeBron James was forced to make an early exit from Game 1 of the NBA Finals due to severe leg cramps. The King’s cramps were due in large part to the malfunctioning air-conditioning system at the AT&T Center, home of the San Antonio Spurs. Combined with the Texas summer […]