Practical HR Tips, News & Advice. Updated Daily.
Last week, Congress approved important legislation, the ADA Amendments Act of 2008 (S. 3406), to amend the Americans with Disabilities Act to provide broader protections for disabled workers and turn back the clock on Supreme Court rulings that Congress deemed too restrictive of disabled employees’ rights. President Bush is expected to sign the Act, and […]
The California Supreme Court has issued an important decision that makes it clear that employers cannot restrain an employee’s ability to compete, regardless of how reasonable or narrow the restrictions. As a result of this ruling, employers should do a thorough review of their employment agreements to ensure they do not contain unlawful noncompetition provisions.
The U.S. Supreme Court has ruled on the level of scrutiny courts must apply when an employee challenges a denial of benefits and the plan administrator, whether the employer or an insurance company, played the dual role of determining whether the employee was eligible for benefits and paying benefits out of its own pocket.1 The […]
The U.S. Supreme Court has handed down two new rulings that give employees more leeway when suing employers for retaliation based on race and age.
I’ve read about the new 401(k) Supreme Court case. How far back can employees sue us if they claim we mishandled their retirement accounts? And how can we protect ourselves now for something that might have already happened? — Anonymous
In an important new development, the U.S. Supreme Court has unanimously ruled that when fiduciary misconduct diminishes the value of an individual account in a defined contribution plan, such as a 401(k), the harmed employee can sue for damages. In the past, courts have taken the contrary position that the federal employee benefits law only […]
Suppose an employee files a discrimination lawsuit against you, claiming she was let go in a reduction in force because of her age. To help prove her case, she wants to paint a picture of a corporate culture of age bias. She plans to do this by introducing testimony from former co-workers who also claim […]
In a unanimous decision favorable to employees, the U.S. Supreme Court recently ruled that individual 401(k) plan participants can sue plan administrators under the federal Employee Retirement Income Security Act (ERISA) for breach of fiduciary duty. James LaRue had initiated the lawsuit after his employer failed to follow his investment instructions, which he said resulted […]