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GAO Urges DB Sponsors to Add Information for Participants Considering Lump-Sum Offers

Packets being given to retirees and separated, vested employees considering taking an immediate lump-sum distribution from their former employer’s defined benefit retirement plan rather than continuing lifetime income benefits routinely lack some key information needed to make an informed decision, or were unclear, according to the U.S. Government Accountability Office in a recent study. With […]

Wage and Hour: IBM Will Pay $65 Million to Settle Overtime Suit

IBM has agreed to pay $65 million to settle a class action lawsuit charging the computer firm with misclassifying employees as exempt from overtime. In particular, the suit alleges, IBM incorrectly classified technical services professionals and information technology specialists as exempt, even though those positions don’t qualify for exemption under California or federal wage and […]

Canadian Public Official Acquitted on Charges of Fraud, Breach of Trust

By Mark Colavecchia and Derek Knoechel In June 2003 George Radwanski, Canada’s federal privacy commissioner, resigned three years into his seven-year term amid parliamentary inquiries into travel and hospitality expenses. Several months later, the auditor general released a report leading to a lengthy police investigation of Radwanski’s expense claims. In March 2006, the former privacy […]

Employees Can’t Sue for Unpaid Vacation Before It’s Earned

By now, most employers have at least heard that California prohibits “use it or lose it” vacation policies—meaning that once an employee earns vacation time, that time can’t be forfeited for any reason. But can an employer decide not to award vacation time right away to new employees? The answer is yes—according to a recent […]

FMLA Request Spills into Litigation for Mississippi Employer

By Jerrald L. Shivers, The Kullman Firm When an employer learns that an employee’s absence might qualify for Family and Medical Leave Act (FMLA) leave, it is required to give him certain notifications. If the employee denies receiving the notifications, the employer must have a way of proving they were given to him.

Equal Pay: New Case Looks At When Jobs Do—And Don’t—Require The Same Compensation

Equal pay for equal work is a hot issue. And disputes over whether a female employee is entitled to receive the same compensation as a male co-worker typically focus on whether they perform substantially similar work. Now a new case involving a human resources administrator provides a practical look at some factors courts weigh when […]

Survey Says: While Conditions Are Improving, There’s Still Work to Be Done

The American workforce is ever changing, with women now accounting for about half the work force as well as increased racial and ethnic diversity. Recently, CareerBuilder conducted a survey of  more than 1,300 workers from diverse segments — African Americans, Hispanics, Asians, women, workers with disabilities and Lesbian/Gay/Bisexual/Transgender (LGBT) workers — to find out how […]

Mishandling 401(k) Accounts Can Lead to Expensive Claims

The U.S. Supreme Court has handed down an important new ruling that could open the floodgates for claims by employees charging that their employers mishandled retirement accounts. The new case involved James LaRue, who filed a lawsuit under ERISA—the federal law that governs employee benefits—claiming that his employer’s failure to follow his investment directions under […]

Employee Lawsuits: Settlement Using Preprinted Workers’ Comp Release Form Doesn’t Cover Other Claims; Drafting Points

Carolyn Claxton was an office assistant for Pacific Maritime Corp. She filed workers’ comp claims against Pacific Maritime for a slip-and-fall injury and for an injury to her “psyche due to sexual harassment.” She then filed a sexual harassment lawsuit against Pacific Maritime and manager Ray Waters.

Disability Bias: Verdict Upheld for Worker Refused Reinstatement Based on Past Violent Behavior; What to Do

When Joshua Josephs applied for a service tech position with Pacific Bell Telephone Co., he checked “no” to the job application question, “Have you ever been convicted of, or are you awaiting trial for, a felony or misdemeanor?” Josephs was hired for the position, which required him to install and repair phones unsupervised in homes, […]