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What Company Should Employ Your Expats in Canada?

By Rachel Ravary of McCarthy Tetrault and Brian P. Smeenk, formerly with McCarthy Tetrault When you send an employee to work in Canada, what company should be named as the employer? Your U.S. company? A Canadian subsidiary or affiliate? Perhaps your parent company? Why is this important? It’s important to be clear about which company […]

EEOC Lawsuit Says Employer Violated GINA by Requesting Too Much Medical Info

An employer violated the Genetic Information Nondiscrimination Act when it asked applicants and employees for information about their medical history, the U.S. Equal Employment Opportunity Commission alleged in a lawsuit filed Sept. 17. BNV Home Care Agency, Inc., a New York City home care services agency, required applicants to complete an “Employee Health Assessment” after […]

New OSHA ‘Sheriff’ Packs Heat, But It May Backfire

By Jim Stanley, president, FDRsafety When Labor Secretary Hilda Solis warned business last year that there was ”a new sheriff in town,” she wasn’t kidding — the Occupational Safety and Health Administration (OSHA) is packing big new six-guns. The only problem is that it may be shooting itself in the foot. OSHA has been announcing […]

EBSA Releases Final Rule on Fee Disclosures (extends effective date to July 1)

The U.S. Department of Labor (DOL)’s Employee Benefits Security Administration (EBSA) issued the final rule for pension and 401(k) plan fee disclosures on Feb. 2. The announcement was jointly made with the U.S. Department of Treasury, which issued a proposal at the same time to reduce regulatory burdens on retirement incomes. Secretary of Labor Hilda […]

Nevada law on social media privacy, credit reports takes effect October 1

Nevada’s new law restricting employer access to employees’ and applicants’ social media accounts and credit information goes into effect October 1. Assembly Bill 181, signed by Governor Brian Sandoval on June 13, provides protections for employees’ personal social media accounts and prohibits employers from conditioning employment on consumer credit reports or other credit information. The […]

Tennessee Rule Restricting ACA Navigators Blocked

A federal judge issued a temporary restraining order blocking the Tennessee Department of Commerce and Insurance from enforcing part of emergency rules designed to block health law navigators who had not been vetted by the state. As a result, churches, unions and social service organizations can set up computer stations to help the uninsured sign […]

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, […]

Spouses of certain H-1B visa workers now eligible for employment authorization

The Department of Homeland Security (DHS) has published final regulations that will extend employment authorization eligibility to spouses of certain nonimmigrant workers who are in the United States on H-1B visas. The H-1B, or highly-skilled worker, visa is the most commonly discussed and highly sought employment-based nonimmigrant visa. The number of visas available each year […]

Flex—’Nice-to-Have’ or Business Imperative?

“Flexibility is a business imperative,” says consultant Diane Burrus. It’s not “nice-to-have,” it’s a results-based business strategy.’ Her practical tips in today’s Advisor. At World at Work’s Total Rewards conference held recently in San Diego, sessions on flextime were eagerly attended. Burrus shared her tips for developing a flex program that supports the business while […]