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More Pension Sponsors Considering Lump-sum Payouts

As defined benefit plan sponsors look harder for ways to cut expenses and lower exposure to market forces that challenge keeping their pension obligations funded, an obvious cost to evaluate is their commitment to lifetime retirement benefits for participants. Nearly 40 percent of U.S. employers with DB plans told Aon Hewitt in its recent 2013 […]

FMLA Changes: What You Need to Know—and Do

Yesterday we looked at some of the important changes in the new Family and Medical Leave Act (FMLA) regulations, particularly revisions to the employer and employee notice requirements. Today we’ll look at some other important changes, and at a new audio conference that will get you ready for the January 16 effective date. Certification Among […]

3 Tips To Ring in 2011 the Right Way

Yesterday, we looked at 3 New Year’s HR tips from James J. McDonald, Jr., managing partner of the Irvine office of Fisher & Phillips, LLP (www.laborlawyers.com). Today, 3 more tips from McDonald, and an invitation to a can’t-miss webinar on California recordkeeping.

Accommodating Disabled Employees: New Case Says Union Contract Doesn’t Have To Bend To ADA Accommodations; Tips On Avoiding Problems

Last year, the federal Ninth Circuit Court of Appeals ruled that under the Americans with Disabilities Act, a seniority system must give way to accommodations unless they cause an undue hardship. The case involved an employer-created seniority system, but it left open the question of its application to seniority provisions contained in union contracts. Now, […]

Severance Pay: Court’s Ruling that Severance Package Wasn’t an Employee Benefit Plan Has Expensive Consequences for Employer

A new federal court case involves an all-too-familiar scenario. An employer acquired a new business and had to terminate the old workforce. The employer, however, needed to keep some workers around for a few months, so it offered them a severance deal. But when the employer later tried to change the severance terms, it found […]

NLRB nominees face opposition during Senate committee hearing

On May 16, President Barack Obama’s nominees to the National Labor Relations Board (NLRB) went before the Senate Health, Education, Labor and Pensions Committee, and the two nominees who were selected as recess appointees in 2012 failed to impress the committee’s ranking member, Senator Lamar Alexander. Alexander (R-Tennessee) said he would oppose the nominations of […]

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 […]

Job Descriptions: 3 Common Mistakes–and a Tool for Avoiding Them

If anyone questions your layoff selections—and they will—employees’ attorneys are going to scrutinize the job descriptions on which you based your determinations. What will they find? A full set of up-to-date, accurate, and complete job descriptions, right? Well, maybe not a full set—and maybe not all accurate and complete and up to date, either. Here […]

Time to Bring Out the Sled Dogs!

by Stephen Acker and Leanne Fioravanti More exotic modes of transport may need to be explored as Ottawa, Canada’s capital city, struggles with relentless snow storms and a highly controversial bus strike. Unfortunately there is no end in sight as the OC Transpo transit strike enters its second month in mid-January. This transit strike demonstrates: […]