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There’s No ‘I’ in ‘Team’ — FLSA ‘Executive Exemption’ Doesn’t Require Independence

Do employees who oversee different teams within a company that perform the same job, in the same location and at the same time as other teams, fall into the category of an “executive” under the Fair Labor Standards Act? Recently several employees argued that their responsibilities were so standardized that they did not fall under […]

News Notes: Opt-Out Arbitration Clause Saves Lopsided Agreement

The federal Ninth Circuit Court of Appeals recently tossed out a mandatory arbitration agreement signed by a Circuit City employee because it was unduly lopsided in the employer’s favor (see CEA March 2002). But in another case involving identical arbitration provisions, the court has ruled that employee Mohammad Sharfuddin Ahmed was required to arbitrate his […]

Pension Plans: DOL Finalizes Form 5500 Electronic Filing Rule

The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) has published a final regulation requiring pension plans to file Form 5500 annual reports electronically, beginning with 2008 plan year filings (due in 2009). The agency has also proposed changes to update the forms that will be used under the new electronic system. For information […]

Bill Would Lower Burden of Proof for Employees Bringing ADA, ADEA Claims

Lawmakers have introduced a bill that would lower the burden of proof for employees bringing disability and age discrimination claims. If passed, the Protecting Older Workers Against Discrimination Act (S. 2189) would change the laws’ “but for” standard to one allowing “mixed motives.” Both the Americans With Disabilities Act and the Age Discrimination in Employment Act […]

Year-end thoughts for the new year

by Jeffrey M. Cropp Now is a good time to sit back and reflect on the past year and make plans for the upcoming year. So relax, and think about the unexpected problems that arose this year, what you did to address them, and whether you could have done anything differently. It’s also a good […]

The art of Thanksgiving

by Al Vreeland We’ve become a nation of firefighters. Not the heroic sort riding red trucks and saving lives, but the frenetic sort running from hot spot to hot spot, handling daily crises in order of priority. And we usually don’t take time to appreciate the people who help us. So as we belly up […]

Survey Says: Non-Health Benefits Staying Strong

A recent survey conducted by M Lee Smith Publishers offers some surprising insights on non-healthcare benefits. For example, only about 19 percent of respondents offer telecommuting, although 35 percent allow flex time. Nearly a third offer PTO, and about a third offer a wellness program. About 500 employers participated in the survey, which revealed many […]

Obama Includes Another COBRA Subsidy Extension in Budget

The Obama administration proposed another extension of COBRA premium subsidy benefits on Monday, according to Business Insurance. President Barack Obama included this latest extension in his proposed federal budget for the fiscal year 2011. The proposed extension would reportedly extend the 65 percent premium subsidy to individuals whose employment is terminated between March 1, 2010, […]

New Illinois Law Prohibits Use of Credit History in Hiring Decisions

by Steve Brenneman Effective January 1, 2011, Illinois employers will have yet another restriction on their ability to make employment decisions. A new law will prohibit many employers from basing hiring, promotion, and other employment decisions on an employee or job applicant’s credit history. The Employee Credit Privacy Act (HB 4658), which was signed into […]

News Notes: Are New Standards Coming For Religious Expression At Work?

President Clinton has announced new guidelines clarifying how and when religious beliefs can be expressed in the federal workplace, and they could be expanded to the private sector. Among other things, the guidelines say federal workers can pray together at lunchtime in empty conference rooms and display religious art in their personal work areas. Proselytizing […]