Practical HR Tips, News & Advice. Updated Daily.
The California Supreme Court has just released its long-awaited decision in the Brinker case, ruling that employers must relieve employees of all duty during meal periods – but need not ensure that no work is done during that time. For more on the case, check out the California Courts press release on the breaking decision.
The National Labor Relations Board has ruled that United Parcel Service illegally enforced a broad no-solicitation rule that prohibited employees from distributing literature in nonwork areas during off-hours. UPS refused to allow a Teamsters union publication to be passed out in a warehouse area before work began, but routinely permitted drivers to hand out contest […]
By Lyne Duhaime and Ross Gascho If your company is both the sponsor and administrator of a pension plan in a Canadian province other than Quebec, you should take note of the recent Ontario Court of Appeal decision in Re Indalex. Although the case deals with competing claims in insolvency and deficits in wound up […]
The Equal Employment Opportunity Commission has long required employers subject to Title VII and the Americans With Disabilities Act to retain employment records, and now the same is required for those subject to the Genetic Information Nondiscrimination Act. In final rules released Feb. 3, the commission amended its recordkeeping regulations to include employers covered by […]
On November 20, the Obama administration announced it is moving forward with certain provisions in the Affordable Care Act (ACA), including banning insurance companies from discriminating against people with preexisting conditions. The administration issued the following: A proposed rule that, beginning in 2014, prohibits health insurance companies from discriminating against individuals because of a preexisting […]
The U.S. Department of Labor on April 14 previewed proposed changes to the 40-year-old definition of “fiduciary” that the agency says will increase consumer protection for those seeking advice on retirement investments and 401(k) rollovers. The long-awaited changes will include a new contract for broker-dealers to sign that pledges they will “formally commit to their […]
The pharmaceutical industry made its case to the U.S. Supreme Court April 16 that pharmaceutical sales representatives (PSRs) are “outside salesmen” under the Fair Labor Standards Act and thus are exempt from the FLSA’s overtime requirements. A lot is at stake in the Court’s upcoming decision, since requiring overtime pay for PSRs could impose billions […]
Workers who experience domestic violence, sexual assault or stalking may be protected from discrimination by Title VII of the Civil Rights Act and the Americans with Disabilities Act, according to new guidance from the federal government. The U.S. Equal Employment Opportunity Commission, which is responsible for enforcing both of those laws, made the announcement in […]
Most California employers know that agreements that restrict employees from competing with former employers are illegal and that California courts won’t enforce them. But because of a new California Supreme Court ruling, it is now riskier for you to hire someone who has signed a noncompete clause with a company from another state. This new […]
Yokohama Tire Corp. employee Christopher Miller sued under RICO (Racketeer Influenced and Corrupt Organizations), the federal organized crime statute, charging Yokohama conducted a fraudulent scheme to deny employees overtime. Miller claimed high-ranking Yokohama employees falsely told him and other workers they weren’t entitled to overtime pay because they were salaried, and that every time Yokohama […]