Practical HR Tips, News & Advice. Updated Daily.
In an earlier blog article we discussed a recent appeals court decision which upheld a vague employment agreement clause. Although the employer prevailed in that case despite the unclear at-will language, it’s important to make an at-will employment arrangement clear to employees to avoid lawsuits. This week we provide you with sample policy language that […]
Recent changes to affirmative action program rules permit government contractors to organize plans based around their functional or business units, rather than based solely on an establishment’s location. The Office of Federal Contract Compliance Programs has now issued guidelines for contractor requests to submit a “functional” affirmative action plan, or FAAP, including whether the functional […]
by Bill Duvall At the best of times, employer-sponsored pension plans bring with them thorny administrative and legal problems. These issues multiply in an economic environment in which many such pension plans face funding problems while employers seek to reduce their costs. Many employers have attempted pension plan amendments to reduce funding pressures. One such […]
For the coming year, the financial risks of class action litigation are “enormous,” says attorney J. Stephen Poor, and more often than not, class actions adversely affect your market share and impact your reputation in the marketplace as well. Poor, who is the Managing Partner of law firm Seyfarth Shaw LLP, made his remarks in […]
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by Charles S. Plumb The last several months have witnessed a flurry of court activity regarding same-sex marriage laws. On Tuesday, January 14, Oklahoma joined that activity with an order and opinion issued by Tulsa’s federal court. In 2004, Oklahoma voters approved an amendment to the Oklahoma Constitution defining “marriage” to be exclusively a union […]
With few exceptions, USERRA and related—and even more aggressive—state laws guarantee benefits and reemployment of employees on military leave. We started our briefing yesterday. Here’s the rest of it, and a reference that really explains it. Yesterday’s Daily Advisor laid out the broad requirements of the Uniformed Services Employment and Reemployment Rights Act (USERRA.) We […]
A federal judge has ordered Southern California Maid Services and Carpet Cleaning, based in Gardena, to pay $3,467,789 in back wages, plus $1,058,973 in liquidated damages, to 385 current and former low-wage domestic workers who were misclassified as independent contractors. The court’s action resolves a lawsuit filed against the employer by the U.S. Department of […]
Can’t join your workplace wellness activities due to a health condition? Sure you can, using the government’s accessibility rules for wellness programs. Here’s a primer. In yesterday’s Advisor, we looked at “benign discrimination” and “multiple plan” rules for wellness programs. Today, we look at the “reasonableness” test and the “alternative standard” requirement, and introduce a […]
Our firm has many employees whose spouses are in the military, so we’re gearing up to deal with the new law. While trying to set up our policies, we’ve come across some questions that don’t seem to be answered in the materials we have received. Do we have to let the employees take leave on […]