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Stock-drop Ruling Reminds Pension Plan Sponsors Why Participants Can’t Sue

So-called stock drop cases, in which defined contribution plan participants sue employer plan sponsors for breach of fiduciary duty when the market value of company stock or other equity options in 401(k) investment menus declines severely, have become common. But for defined benefit sponsors, this threat is less onerous. A ruling the U.S. District Court […]

Do Age-Based Early Retirement Programs Violate Human Rights Code?

By Ralph Nero and Ida Martin Are pension plans that provide age-based early retirement programs discriminatory? In a decision that may be important across Canada, the Ontario Human Rights Tribunal has recently answered no. In Kovacs v. Arcelor Mittal Montreal, Kovacs argued that he had been discriminated against on the basis of his age by […]

New Massachusetts law requires paid sick leave

Voters in Massachusetts approved a law in the November 4 election that requires certain employers to provide paid sick leave. The law takes effect July 1, 2015. Under the law, Massachusetts employers with at least 11 employees must provide paid sick leave. Employees will accrue paid sick leave beginning July 1, 2015, at the rate […]

Billions Spotlights Boomerang Employee Trend

Even with the seemingly endless amount of TV shows to watch, finding a series to view with one’s significant other can sometimes prove a difficult task for a couple. After watching eight seasons of The Office together, it was challenging for me and my wife to find a show that fell somewhere in between Real Housewives of Orange […]

Self-Audits—Dangerous Documents of Self-Incrimination?

Regular examination of HR practices is critical to ensure compliance and to minimize exposure to very expensive lawsuits. But it’s risky business. Collecting data about your workplace is an important part of HR management. For example, employers may want to scrutinize whom they classify as exempt, or may simply want to know how the organization […]

Firing Someone for Not Acting Enough Like a Man Is Discrimination

By Donna Eich Brooks The headline of this article was worded very specifically. You may have seen write-ups on a recent opinion from the U.S. Court of Appeals for the Eleventh Circuit (the federal appeals court for Alabama, Florida, and Georgia) that announced some seismic shift in the law like “Transgendered persons protected from discrimination” […]

Baltimore council votes to ban the box

by Kevin C. McCormick Employers in Baltimore will face new restrictions in conducting criminal background checks now that the city council has passed a tough new “ban the box” law. Bill 13-0301, titled “Ban the Box—Fair Criminal Records Screening Practices,” passed the Baltimore City Council on April 28 and was expected to gain Mayor Stephanie […]

Beyond maternity leave: employers’ duties to returning mothers

by Michelle Dougherty With the recent emphasis on the Pregnancy Discrimination Act (PDA)  regarding employers’ affirmative duties to pregnant employees, it is important for employers to remember that they also have obligations when employees return to work after childbirth. Specifically, under the Fair Labor Standards Act (FLSA) and the Affordable Care Act (ACA), employers have […]

Jenner, Dolezal, and the transformative debate

The names Caitlyn Jenner and Rachel Dolezal have been inexorably intertwined over the last couple weeks by the mainstream media and social pundits, including a debate as to whether these two individuals’ circumstances should even be intertwined because they represent entirely different discussions regarding social justice and identity. As most know, Caitlyn Jenner, formerly known […]