Archives

Can Benefits Bills Distract Congress from Debt Acrimony?

This summer, the U.S. House and Senate took a break from its floundering over debt and deficits to consider a few measures affecting employee benefits. Perhaps it was refreshing, spending at least a little time thinking about something else. Let’s take a look at the latest House and Senate bills that could affect employee benefits. […]

The FLSA Won’t Help You Because You Don’t Work Here

If you find out during the hiring process that an applicant blew the FLSA whistle on his or her former employer, you can probably pull the plug on that applicant, EVEN if you already sent him or her an offer letter (at least in the 4th Circuit). The 4th U.S. Circuit Court of Appeals ruled […]

Appeals Court Holds Part of Health Care Reform Law Unconstitutional

On Friday, August 12, the Eleventh U.S. Circuit Court of Appeals in Atlanta held 2-1 that the individual health insurance mandate provision found in the Patient Protection and Affordable Care Act (PPACA), the comprehensive health care reform legislation that President Barack Obama signed into law in March 2010, is unconstitutional. More specifically, the court found […]

Catch Me If You Can Compensation? DOL Says ‘I Caught You’

“There is a dramatic increase in wage and hour lawsuits,” says Contacos-Sawyer (and the recent Wal-Mart decision probably means an even greater increase). At her presentation at the recent World at Work Total Rewards Conference in San Diego, Contacos-Sawyer, president of HR Consultants, Inc., was joined by colleagues Polly Wright and Judith Mickey.  What About […]

When Do You Owe Mandatory Split-Shift Pay?

Under California law, employees who work a “split shift” are entitled to one hour’s pay at minimum wage in addition to at least the minimum wage for that workday. But what, exactly, is a split shift? Guest columnist Cathleen Yonahara of San Francisco-based Freeland Cooper & Foreman, LLP explains.

Houston, We Have an FMLA problem …

Basic FMLA is hassle enough, but employees keep finding new ways to make FMLA compliance just a little bit harder. Today, answers to tricky “during leave” FMLA issues. What if I find out that an employee is working another job or has been interviewing or inquiring about other jobs while on leave? There is no […]

How I Sold Flex to Management

DeVry’s CEO was skeptical, says Nancy Johnson, Sr. Director Talent Management, but most managers were supportive, and ultimately she did sell management on flex.  Johnson shared her flex tips at World at Work’s Total Rewards conference held recently in San Diego.  How Johnson Sold Flex as a Business Strategy  First of all, flexibility had been […]

Discipline and Termination—Near Guarantees of a Lawsuit

In yesterday’s Advisor, we covered “almost smoking gun” mistakes; today, more mistakes your managers make, plus an introduction to a unique, checklist-based audit system. Today’s mistakes are again courtesy of the Rhode Island Employment Law Letter written by attorneys at the law firm of Little, Medeiros, Kinder, Bulman & Whitney, P.C. As with evaluations, discipline […]

Beware the Undead: ERISA Equitable Relief Ruling Brings Cases Back from the Grave

A landmark Supreme Court ruling on relief available under ERISA in employee benefit cases is bringing cases back to life that we thought were dead and gone. In CIGNA v. Amara, the U.S. Supreme Court on May 16 ruled that ERISA’s enforcement provision allowing for “appropriate equitable relief” — ERISA Section 1132(a)(3) — aka Section […]

Hot List: Bestselling “Organizational Behavior” Books on Amazon.com

Amazon.com updates its list of the bestselling books every hour. Here is a snapshot of what is hot right now, August 15, in the “Organizational Behavior” section of the “Business and Investing” category. 1. Read This Before Our Next Meeting by Al Pittampalli. Explains what’s wrong with “the meeting,” and meeting culture, but suggests how […]