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Retaliation: The Most Successful Discrimination Claim

A retaliation claim can be successful even when the original discrimination claim fails to establish a violation of law. The same laws—federal and typically state laws—that prohibit discrimination based on race, color, sex, religion, national origin, age, disability, or genetic information also prohibit retaliation against individuals who oppose discrimination or participate in an employment discrimination […]

Underreporting of Sexual Harassment—Steps to Take

The Society for Human Resource Management (SHRM) recently published the results of a year-long research initiative: the SHRM Harassment-Free Workplace series. The first part of the series focused on the issue of sexual harassment in the workplace. In a previous post, we looked at some surprising data showing that 22 percent of non-management employee respondents […]

Early Warning Signs of Union Organizing

How do you know if a union is trying to organize your employees? Speaking at BLR’s National Employment Law Update in Las Vegas (Oct. 27-29, 2010) attorney Mark Ricciardi, managing partner of the Las Vegas office of Fisher & Phillips, LLP, gave attendees a checklist for identifying the signs of an organizational campaign:

Loss of COBRA Eligibility Due to Union Lockout Deemed Labor Rights Violation

Typically, interference with an employee’s COBRA coverage rights raises legal claims under ERISA; however, employers should take heed that in some instances other federal laws are invoked. Recently, an employer was found to have violated federal labor law when it engaged in an unlawful lockout of union employees that included the cancellation of their health […]

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IRS Addresses Another HSA-Medicare Issue

A few months ago, the Internal Revenue Service (IRS) clarified in Information Letter 2016-0082 how Medicare enrollment and health savings account (HSA) eligibility sometimes collide when an employee retires shortly after turning the age of 65. More recently, the IRS provided guidance on another overlap between Medicare and HSAs—a rehire after Medicare enrollment.

Five Learning Profiles

In today’s rapidly changing workplace, strong learning programs are key to supporting employee development. In a new report from Udemy, Making Learning Work For Everyone: A Leader’s Guide to Understanding The 5 Learner Profiles, the company provides insight for companies on how they can implement personalized learning tracks suited to each of their employees’ different […]

High Profile Debate Over Corporate DEI Efforts

In the corporate world, the topic of Diversity, Equity, and Inclusion (DEI) has sparked a debate among some of the most influential business leaders. While some captains of industry view DEI as a crucial strategy for business success, others see the discipline as a lot of puffery without much substance. A recent article by Fortune […]