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Diversity: The Ends Don’t Necessarily Justify the Means; How Two Important New Supreme Court Rulings Affect Employers

Regardless of whether your workplace has a formal diversity policy, it’s often hard to determine how and when race can be used as a criterion for hiring decisions. Two major new U.S. Supreme Court decisions offer some guidance. Although the cases deal with university admissions rather than workplace hiring, the court set out standards for […]

EEOC Reports Job Bias Claims at New Record

The U.S. Equal Employment Opportunity Commission (EEOC) announced that workplace discrimination charge filings increased 15 percent last year to an unprecedented level of 95,402. While the agency stated that it didn’t know if this was a trend, it was an indication of a persistent problem. All of the main categories of charge filings with the […]

Reasonable Accommodation: Ninth Circuit Says Employee “Regarded As” Disabled Not Entitled to Accommodation; Practical Impact

Suppose an employee’s medical condition prevents them from performing their job. Instead of exploring whether a reasonable accommodation is available, you terminate the employee. And, not surprisingly, you wind up with a disability-bias lawsuit on your hands. But what if it turns out the employee wasn’t disabled in the first place? Can you still be […]

Were Overseas Employees Properly Classified as Hourly Workers?

By Kevin C. McCormick, Whiteford, Taylor & Preston LLP In a recent unpublished decision, the 4th Circuit—which covers Maryland, North Carolina, South Carolina, Virginia, and West Virginia—held that several employees who worked for an American company overseas were properly classified as hourly employees despite some confusion about the offer letters describing their compensation.

Outsourcing and Self-Service HR: Stalled at the Gate?

By BLR Founder and CEO Bob Brady In a poll at the last HR Technology Conference our CEO attended, only 2% at one session said they are considering more outsourcing of HR. But wasn’t outsourcing supposed to be the future of HR? Here are Bob’s thoughts on the matter. Well, guess what! The wave of […]

SEC Acts to Clarify Conflict with DOL’s Fee Disclosure Rules over … Chart Format!

Concerns about the implementation of participant fee disclosure rules did not just rest within the retirement plan community – the Department of Labor (DOL) itself raised red flags about how the rules would interact with a formatting requirement under Securities and Exchange Commission (SEC) rules. But we recently got word from DOL that the SEC […]

Most homecare workers entitled to minimum wage, overtime under new rule

A new rule taking effect January 1, 2015, means most direct-care workers employed by agencies and other third-party employers will be entitled to at least the federal minimum wage and overtime pay. The U.S. Department of Labor (DOL) says the change will affect nearly two million direct-care workers, such as home health aides, personal care […]