Archives

Misclassification: DOL and IRS Declare War

Misclassification—calling individuals “independent contractors” or “volunteers” who properly should be employees—is a burgeoning legal battleground for HR managers. A recent 30-million-dollar suit on behalf of newspaper carriers is a good example of the stakes involved, says attorney Christine V. Walters. Walters, who is a consultant with the FiveL Company in Westminster, MD, offered her tips […]

Maryland Passes Law Prohibiting Employers from Seeking Social Media Passwords

by Kevin McCormick Maryland has become the first state to enact password protection legislation designed to prohibit employers from requiring applicants and employees to disclose their personal passwords to social media sites such as Facebook, Twitter, and MySpace. The legislation was passed April 9 and is expected to be signed by Governor Martin O’Malley. If […]

Injuries to Nursing Home Workers

OSHA Targets Nursing Homes in New National Emphasis Program

The Occupational Safety and Health Administration (OSHA) has launched a National Emphasis Program (NEP) that for the next three years will step up inspections of health hazards to workers in the nursing and residential care industry. A statement from OSHA quotes figures from the U.S. Bureau of Labor Statistics showing that workers in nursing and […]

How Can I Avoid Suits Related to Hiring Practices?

In yesterday’s Advisor, attorney Allison West offered tips for avoiding defamation and fraud lawsuits. Today, her tips on recruiting, plus an introduction to a unique, web-based, turnkey employee training system. West, principal of Employment Practices Specialists in Pacifica, CA, gave her advice at SHRM’s Employment Law and Legislative Conference, held recently in Washington, DC. Here […]

IRS on How 401(k) Administration Is Affected by Excess Compensation

When an employee’s compensation exceeds the annual limit, how does that affect 401(k) salary deferrals and what employers and plan administrators have to do? In the March 20, 2012 edition of Employee Plans News, the IRS provides an answer. The IRS says that unless plan terms provide otherwise, the 401(k) salary (elective) deferral limit is […]

Here’s to the Crazy Ones

I’ve been reading Walter Isaacson’s biography of Steve Jobs. It’s an interesting read because Jobs was a fascinating character. Jobs was a polarizing figure, revered by many and hated by others. But regardless of how anyone might feel about him, there’s no denying the man was a creative genius. Shortly after Jobs’ death I wrote […]

Office Romance in the Real World

Office romances are one of the biggest legal risks managers can take, says attorney Jonathan Segal. Even when relationships appear to be totally consensual, they’re dangerous from a legal standpoint.

Blue-Pencil Correction of Noncompete Gets Red Light from Canadian Court

By Marisa Victor and Yael Wexler Noncompetition clauses in employment contracts are difficult to enforce in Canada. Courts tend to regard them as unreasonable restraints on trade. Any ambiguity usually will be fatal. Nor will the courts generally use a “blue pencil” to remove ambiguous words. This was made clear in the recent appellate decision […]