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COBRA Notice Is Not Culprit in Claim That Termination Violated USERRA

Sending a COBRA election notice shortly after an employee began military duty was not evidence that an employer fired the employee due to his military status in violation of the Uniformed Services Employment and Reemployment Rights Act, a federal district court in Arkansas held. In generally rejecting the USERRA claims, the court indicated, among other […]

IRS Mandates Electronic Filing by Large Retirement Plans

IRS issued final regulations requiring employer retirement plan sponsors or administrators that file at least 250 returns in a calendar year to submit Form 5500 annual reports and other plan-related documents electronically. The regulations are effective Sept. 29, and apply for plan years that begin on or after Jan. 1, 2014, and have a filing […]

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 […]

Uncle Michael Wants YOU — To Be the New Boss

Another Thursday in August, another Office rerun. Rather than revisit “The Inner Circle” — ably covered by my Colorado colleague Matt Rita on May 6 — I thought I’d visit The Office website for some ideas. I came across a multiple-choice quiz designed to determine whether you have what it takes to be the boss […]

Employees Must Prove Disability in Spite of Lower ADAAA Bar

While the ADA Amendments Act made it easier for employees to show that they have a disability, it did not eliminate the requirement, the 5th U.S. Circuit Court of Appeals has ruled in Neely v. PSEG Texas, No. 12-51074 (5th Cir. Nov. 6, 2013). Facts of the Case Jeffrey Neely worked as a control-room operator […]

Part-Timers and Temps: Moneysavers or Moneypits?

People think using contingent workers is a down and dirty way to save money, says attorney Nancy M. Cooper, but there are expensive pitfalls that could erase that savings many fold. In today’s Advisor, Cooper demystifies part-timers and temps. Cooper chairs the labor and employment practice group at law firm Garvey Schubert Barer in Portland, […]

Reviewing Pay Grades for 2013: Ensure Room for Growth

With the new year upon us, now is a good time to sit down and evaluate your pay grades, and pay-for-performance systems. Base pay grades aren’t a “set and forget” kind of thing. Employee salaries are fluid and always evolving. To remain competitive, base pay grades must be reviewed and adjusted periodically to keep track […]

A Year in Review: Resources for Humans Top Five Reviews

Last October, we launched Resources for Humans: A Review of the Best Books for HR. So this week, we are taking a look back at the five most popular reviews. We hope you have enjoyed this first year and found many helpful books. We look forward to bringing you another year full of great reading. […]

Workplace Bias: Court Strips Employee of $1 Million Award; No Evidence Reorganization Was Biased Against Older Workers and Women

In the most familiar type of workplace bias lawsuit, the employee charges that the employer had a discriminatory motive. Butin disparate impact cases, the employee claims that an apparently neutral policy or practice of the employer disproportionately hurt employees in a protected class, even though there was no intent to discriminate. A new California appeal […]

Sexual Harassment: High Court Clarifies Law on Constructive Discharge in Harassment Cases; Lawsuit Prevention Strategies

The U.S. Supreme Court has ruled that a constructive discharge—in which the work environment becomes so intolerable that an employee is forced to quit—can amount to an adverse employment action in a hostile environment sexual harassment case. And, depending on the circumstances, you could be held automatically liable in this situation if the harasser is […]