Practical HR Tips, News & Advice. Updated Daily.
By Kyla Stott-Jess and Devin Crisanti Post-employment restrictions can be tricky to enforce. But if drafted properly, they can be valuable. As one Alberta employer recently discovered in ADM Measurements Ltd. v. Bullet Electric LTD, relying on implied fiduciary duties to do the job of contractual restrictions can be a pricey gamble. Background The employer, […]
By: Elaine Quayle We at HRSBT often report on workers’ compensation scandals but have never yet reported that the scandal was about the judge. Well, man does bite dog! Media outlets report a WC judge in Oklahoma knew he was not being reappointed. Contemplating being out of work, he met with an attorney for lunch […]
By: Elaine Quayle When you are on workers’ compensation (WC) but also working on the sly, you might be afraid the WC bureau will catch you for fraud. But it’s a sure bet if you have your picture in an ad for your new employer in the Sunday newspaper! According to a press release from […]
Essential job elements … exposure to physical hazards … pay grade … the list of what should be in a job description is long. But what should you keep OUT of job descriptions? Here’s a checklist taken from BLR’s popular Job Descriptions Encyclopedia. How many of these “no-no’s” will you find in your job descriptions? […]
It’s time to review those job descriptions again! And as always, the focus is on the essential functions decision. We’ve collected five myths of essential functions to help you with this updating task. So before you start, take a look at our five myths—and then, dive in. The Five Myths of Essential Functions We’ve identified […]
In a May 18 ruling, the Texas Supreme Court compelled a stop-loss insurer to pay a direct premium tax on stop-loss policies sold to self-funded health plans. Stop-loss insurance written in Texas for self-funded plans is not “reinsurance” and thus must pay state levies and follow state insurance rules, the court held. American National, a […]
Employers that operate private airplanes for the use of their executives may want to stay tuned to some controversy over a recent IRS legal memorandum outlining the tax collector’s stance on aircraft management fees. The IRS shared its views on federal excise tax in Chief Counsel Advice Memorandum 201210026, which concludes that the tax applies […]
Dorf, who is managing director of Compensation Resources, Inc. in Upper Saddle River, NJ., recommends following the SMART approach in developing goals: Specificity Measurement Attainability Results-oriented Timing Remember, says Dorf, sometimes the pay-for-performance goal is a milestone, not the full completion of a project. For example, he says, he worked with a client that was […]
California noncompete agreements are basically void. California’s legislature routinely passes its own version of federal laws, often with crucial differences that can trip up multistate employers. Noncompete agreements are one such topic. While most states do not give employees protection (or only do so by limiting the scope of these agreements), they’re generally not allowed […]
When an employee fails to return from FMLA leave, for at least 30 calendar days, the employer may demand payment of its share of the health premiums paid during the leave. However, that may not be easy, and it may not be sensible. Most state wage and hour laws do not permit an employer to […]