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Conciliate First, Court Tells EEOC as it Tosses out Lawsuit

The U.S. Equal Employment Opportunity Commission may not sue an employer unless it has engaged in pre-litigation conciliation — even for pattern or practice claims — a federal district court has held. The U.S. District Court for the Northern District of Illinois Oct. 7 dismissed an EEOC suit alleging that CVS Pharmacy’s separation agreement violated […]

News Bulletin: Government Hunting Down Late Form 5500 Filers

The federal Department of Labor and the Internal Revenue Service have announced that they’re tracking down delinquent filers of Form 5500, which is required to be filed annually for benefit plans. And in December 2002, the agencies plan to begin sending out letters of inquiry to delinquent filers. Penalties for late filing can be steep, […]

Boomers Mean Business

By Marcia Akers Baby Boomers are now entering their retirement years while some members of “The Greatest Generation” remain in the workforce. Gen Xers and Yers are looking for advancement and rewarding entry-level positions. This first-ever phenomenon of having four generations in the workplace at the same time is creating challenges for employers, including how […]

Retaliation Suits Are Up—But HR Can Prevent Them

Retaliation suits are the one type of EEOC suit that is increasing, and Attorney Judith A. Moldover says HR managers have an “incredible role” in sparing their organizations the expense those suits invariably bring—even if you “win” them. Retaliation claims are very fact related, says Moldover, and that makes it especially important that someone with […]

Be “sure” before classifying a worker as an independent contractor

Never base a worker classification decision on uncertainty, according to attorney Christine Walters. Walters, a Maryland HR consultant presenting at the Society for Human Resource Management’s legislative conference in Washington, D.C., March 5,  ticked off the many reasons employers might be inclined to classify a worker as an independent contractor. Among them: to avoid paying […]

Employing Developmentally Disabled Can Be a Win-Win

Individuals with serious disabilities encounter many difficulties when attempting to enter the workforce. They may have physical or mental deficiencies that make it difficult, if not impossible, to become competitively employed. There are, however, incentives and exceptions to normal workplace rules that “even the playing field” for employees and employers alike. Undoubtedly, many employers think […]

Judge Supports Employee Request for Benefit Details

By Jane Meacham Employers and plan administrators may want to err on the side of providing more information, not less. That is one of the messages behind a recent decision by the U.S. District Court for the Northern District of Ohio, Western Division. In Arp v. Whirlpool Corp.,  Case No. 3:12 CV 770 (July 10, […]

News Flash: Supreme Court OKs Arbitration Agreements For Employment Disputes

In welcome news for employers, the California Supreme Court has just issued its long-awaited decision on mandatory arbitration agreements. The court spelled out the minimum requirements for such agreements to be valid and clarified which provisions are illegal. We’ll have a full analysis of the impact of the ruling on California employers, along with a […]