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Strong Documentation Defeats Employee’s ADA, ERISA Claims

Good recordkeeping and documentation is key in defending employment discrimination claims, a recent court ruling illustrates. An employee terminated for performance problems alleged that he was fired in violation of the Americans with Disabilities Act, because of his wife’s disability. The employer, however, produced evidence showing that: (1) the employee’s performance was subpar; (2) he […]

Bereavement Leave (Employee Version): HR Form of the Week

It’s a sad situation that every employer must face at one time or another—the death of an employee’s family member. While no federal or California law requires employers to provide bereavement leave in this situation, most employers do allow employees a few days off when an immediate family member dies, and sometimes the leave is […]

Security Among Questions Dogging Exchange Rollout

New concerns about data security on the health care reform exchanges are being raised by Republican lawmakers, who cite an internal agency memorandum that warned of inadequate testing on the eve of the exchanges’ Oct. 1 rollout. The security control assessment required by the Federal Information Security Management Act “was only partially completed” because the […]

Say-on-Pay? ISS Surprisingly Influential

ISS (Institutional Shareholder Services), which rates executive pay for shareholders, might seem to be losing influence, says consultant Kurt Fichthorn, but every compensation committee in America continues to be aware of the ISS standards around executive pay. During the 2011 proxy season, shareholders seemed to be less influenced by ISS on say on pay, says […]

What does the immigration executive action mean for employers?

by Christine D. Mehfoud Whether the president’s recent series of immigration-related executive actions will survive potential legal challenges and congressional action remains to be seen. For now, set aside your political views (while I love a good political debate, this space is for practical business implications), and let’s focus on how the executive actions will […]

Labor Law Under Obama or Romney–Employers Brace for Post-Election Changes

Eye on the Election Here’s the first in our series of “Eye on the Election” posts which are focused on helping employers prepare for post-election changes, no matter who is elected. For today’s topic of likely labor law and NLRB actions after the election we turned to Patricia M. Trainor, J.D., SPHR, BLR’s Senior Managing […]

6 Tips for Dealing with New HR Laws, Regs, and Court Decisions

As every year does, 2008 brings new laws, new regs, and new court decisions to deal with. Here are 6 tips for handling the changes, whatever they are … and an introduction to our new January 30 audio conference, 2008 Legislative Update. New year, new laws and regs! OK, take time to groan, but only […]

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 […]

Hot List: New York Times Bestselling Paperback Business Books

The following is a list of the bestselling paperback business books as ranked by the New York Times on March 1. 1. The Blind Side: Evolution of a Game by Michael Lewis. The evolving business of football, viewed through the rise of the left tackle Michael Oher. 2. Freakonomics: A Rogue Economist Explores the Hidden […]