Practical HR Tips, News & Advice. Updated Daily.
The U.S. Supreme Court on May 18 unanimously vacated a federal appellate court ruling that found that employee retirement plan participants’ claims about fees applied to their plan were time-barred, sending a clear message that plan fiduciaries have an ongoing duty to monitor investments, their expenses and other related claims within that duty’s statute of […]
When football season kicked off earlier this year, I took the chance to glean some insights for HR professionals from the difficult job facing the new college football playoff selection committee. Now that we’re coming up on the end of the football season, I’m turning to the committee once more for inspiration. As I write, the […]
To recap: A decision from the U.S. District Court for the Northern District of Iowa shows how far some former employees will reach to stretch their termination into some legal claim against their employer. More important, though, it underscores the importance training and supervisor/manager competence can play in protecting employers from spurious legal claims. Joshua […]
Managers who supervise telecommuters need to know whether their employees are putting in the required hours and/or getting their work done at home. However, managers also need to be aware of whether telecommuters are taking enough breaks from their sedentary work. A recent court case demonstrates some of the important implications that must be considered […]
What can you do if you discover that you’ve mistakenly designated leave as FMLA-qualifying? Several cases help point the way to the policy you should follow. Employer’s Promise (Designation) Must Be Kept Some courts have held that employees are entitled to FMLA protections based on representations made by the employer, even if the employer’s representation […]
The U.S. Supreme Court will decide whether the Pregnancy Discrimination Act requires employers to accommodate pregnant employees, it announced July 1. The court agreed to review Young v. United Parcel Service, Inc., a case from last year in which the 4th U.S. Circuit Court of Appeals ruled that a corporate policy that does not include […]
It is generally in your best interest to capture all absences that are Family and Medical Leave (FMLA)‐related, says consultant Kristi McKinzey, PHR. She offers four common hazards employers face when they don’t track all absences.
“Every spring, as college students nationwide prepare for finals and pull all-nighters to wrap up their spring semesters, many simultaneously ramp up their search for the perfect internship,” says Laura Fortman, principal deputy administrator of the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) in a blog. “The WHD understands that these “foot-in-the-door” […]
In early 2013, the California Court of Appeals ruled in favor of an employee in a so-called “mixed-motive” case (when an employer has both unlawful and legitimate reasons for taking an adverse employment action) brought under the state Fair Employment and Housing Act (FEHA).
Yesterday, we looked at the case of a California employee, Lorena Alamo, who successfully established that her termination was due to improper “mixed motives” (the employer had both unlawful and legitimate reasons for the firing).