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EFCA Just a Shot Across the Bow? Mike Losey Weighs In

By BLR Founder and CEO Bob Brady Bob Brady picks the brain of longtime SHRM President Mike Losey on the implications of the Employee Free Choice Act (EFCA). Cautious When EFCA was introduced in Congress several weeks ago, unions and their supporters hailed it as the middle class’s salvation, while employers condemned it as the […]

Religion Bias: Big Verdict for Worker Fired over Head Scarf

A jury in Phoenix has awarded $287,640—including $250,000 in punitive damages—in a religious discrimination suit against Alamo Car Rental brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC charged Alamo with post-9/11 backlash discrimination on the basis of religion when it fired a Somali customer sales representative in December 2001 for refusing to […]

Company Officials Aren’t Plan Fiduciaries, Not Liable for Missed Contributions

A company owner and another manager are not fiduciaries as defined by ERISA and the contributions they failed to make to their employees’ pension plans were not plan assets, the 6th U.S. Circuit Court of Appeals ruled. This decision supports the premise that individual company officials who serve only as conduits for employees’ payments to […]

ERISA Advisory Council to Craft Model Notices for Pension Risk Transfers

The 2015 ERISA Advisory Council plans to build on a 2013 effort by devising new draft model notices and disclosures for lump-sum pension distribution offerings to participants and retirees. Instances of pension risk transfer — often referred to as “derisking,” from the plan sponsor’s point of view — are on the rise among single-employer defined […]

Trump Administration Expands Politicization of Civil Service

The Trump administration announced a final rule creating a new category of federal workers who would have fewer job protections and be easier to fire. The new rule implements an Executive Order from 2025 that could diminish or eliminate venerated due process protections for 50,000 employees at federal agencies. The creation of the new category […]

The Pension Protection Act (PPA): New Opportunities for Employers

Massive revisions in the Pension Protection Act have opened the door to automatically enroll every employee or to pay retirement benefits even as senior members of your team keep working. Here’s what you need to know about these new PPA-driven opportunities. Employers are generally leery of anything coming out of Washington that affects them. But […]

Managing the workplace during the holidays

by Joseph Godwin Company holiday celebrations have a well-deserved reputation for resulting in employer headaches. Alcohol consumption at parties, gag gift exchanges, questionable wardrobe choices, Dirty Dancing moves, excluding spouses or domestic partners, and a host of other factors have made the office party the “most wonderful time of the year” for employees’ lawyers. You […]

What employers need to know about immigration reform

by Christine D. Mehfoud Turn on the news. Open the paper. Click on cnn.com. For months, if not years, immigration has been one of the top stories. Specifically, immigration reform: Will immigration reform happen? When will it happen? And what will it look like if it does happen? As the 2014 midterm elections draw closer, […]

Overtime Relief May Be on the Horizon for California Employers

To address California’s dire budget situation in light of deteriorating economic conditions, Governor Schwarzenegger has called a special session of the legislature and announced a plan to get the state budget on track, invigorate the state economy, and generate jobs for the unemployed here. The governor’s proposal calls for tax increases and spending cuts—plus changes […]

New Massachusetts law to expand transgender protection

by Stefanie M. Renaud Massachusetts law has prohibited discrimination against transgender people in employment and housing since 2011, but a new law taking effect on October 1 will expand transgender protections to places of public accommodation. On July 8, Governor Charles Baker signed into law a bill that prohibits discrimination against persons because of their […]