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Fiduciaries Cited for Overreliance on Investment Consultant Advice

Fiduciaries of 401(k) plans were reminded by a recent court decision that it’s best not to accept financial consultants’ investment advice for a retirement plan’s assets without careful scrutiny. At the same time the case, which raised other issues important to managing defined contribution plans, resulted in several rulings in the plan sponsor’s favor. Facts […]

Michigan now a right-to-work state

Long a union stronghold, Michigan has become the latest state to pass right-to-work legislation. The fight, though, likely will rage on. State legislators on December 11 approved legislation that prohibits workplaces from requiring all employees to pay all union dues. The legislation was pushed by the Republican majority in the state legislature. On Tuesday afternoon, […]

News Notes: Disability Retirement Can Be A Constructive Discharge

A California appeals court has given the green light to a California State University employee’s constructive discharge suit—even though she technically didn’t quit her job but rather took a disability retirement. The employee claimed that after she blew the whistle on alleged misappropriation of public funds, she was subjected to a pattern of harassment that […]

‘Hi, I Need Copies of All Your Files’: Taming Discovery in the Age of the E-File

“Hi, I just need to see every electronic file and e-mail relating to Steve Smith and his employees, colleagues, bosses, and customers from the last year, please.” Arrrgh! Discovery should be easy in an age of electronic wizardry, but it’s a nightmare. If your company is sued over an employment (or any legal) matter, the […]

Obama Inauguration Gives Hope to Diversity Exec

When Patrice Hall sat in Denver’s Mile High Stadium listening to Barack Obama’s acceptance speech at the Democratic National Convention (DNC) last August, she had never felt so inspired and hopeful. After almost two decades in line management, Hall has spent the last 13 years as a diversity executive, most recently as head of the […]

retail

Lord & Taylor Settles Racial Profiling Case

Retail theft is a major cost for businesses worldwide. Companies spend a lot of time and money fighting shoplifting. According to Loss Prevention Media, retail theft accounted for nearly $18 billion in U.S. losses in 2016. Only about 7.8% of those losses result in a recovery. These numbers are significant.

new hire

Offering New Hires Probationary Periods

Probationary periods allow employers to see whether a new hire is capable of successfully fulfilling the duties of the job he or she is being hired for, but they can also be used as tools to weaponize at-will employment—in which employees can be terminated or quit at any time—if they aren’t implemented correctly.

The ‘Easy’ Way to Deal with Problem Employees

A longtime employee who gets a “24-hour bug” every other week, usually on a sunny Friday. A sales rep who smashes quota one month but slacks off the next. The line supervisor who is “just a few minutes” late most days.  Recognize any of these folks? If you’re in HR, you do. Problem employees. You’re […]

Employment Law Tip: A Simple Precaution Against the ‘Superbug’ at Work

While staph infections have long been linked to hospitals and other healthcare settings, with increasing frequency a super-drug-resistant staph strain—known as MRSA (methicillin-resistant Staphylococcus aureus)—has been spreading in other communal locations, such as schools and workplaces. During a recent audio conference, experts Jeffrey Hageman, an epidemiologist at the U.S. Centers for Disease Control, and Dr. […]

Hiring on Gut Alone? Get Data for Better Results

By Eric Herrenkohl, president, Herrenkohl Consulting Just My E-pinion When it comes to recruiting, most managers trust their gut, but they’d get better results if they gathered data to support their instincts, says consultant Eric Herrenkohl. Herrenkohl is founder and president of Herrenkohl Consulting, a firm that helps small and mid-sized businesses build “A” player […]