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DOL Helps Plans Find How MAP-21 Changed Liability Calculations

New guidelines from the U.S. Department of Labor help defined benefit plan sponsors see and report exactly what’s changed for their calculation of pension plan liabilities under Moving Ahead for Progress in the 21st Century Act requirements. Several changes to ease funding requirements for DB plans arrived with the start of MAP 21’s transportation reauthorization […]

Misclassifying Employees as Independent Contractors: Front-Burner Issue Again

by Kara E. Shea Independent contractors, by definition, are self-employed. Because they aren’t employees, they aren’t covered by employment, labor, and related tax laws. As a result, some employers may be tempted to reclassify employees as independent contractors to avoid taxes, benefits, record-keeping requirements, overtime, and other expenses. Wage and Hour Compliance Manual Contractors are […]

9th Circuit Won’t Call Attention Deficit an ADA Disability

The 9th U.S. Circuit Court of Appeals Oct. 1 declined to rehear a case in which it held that attention deficit hyperactivity disorder is not a disability covered by the Americans with Disabilities Act. Matthew Weaving, a police officer, alleged that he was fired because of his disability. His ADHD amounted to a protected disability […]

Selling Safety to the C-Suite

To run an effective safety program, you need to be an enthusiastic booster of safety.  However, enthusiasm won’t win over management—you need to make the business case for safety as well. Management will readily agree that safety is important, and they know that they have a moral–and legal–obligation to maintain a safe workplace.  But sometimes […]

Independent contractor or employee? Ensure you get it right

How do you know whether to classify someone as an independent contractor or employee? Is it enough to have a contract in place that specifies that someone is not considered an employee? While most employees hope they have it right, misclassifying employees as independent contractors costs the federal government $2.72 billion every year, according to […]

No Separate Duty of Fair Treatment in Accommodation in British Columbia

By David G. Wong The British Columbia (BC) Supreme Court, in Emergency Health Services Commission v. Cassidy, has recently confirmed that a BC employer’s duty to accommodate doesn’t extend to including a freestanding procedural requirement that the employer treat the employee fairly, and with due respect for his dignity, throughout the accommodation process. Facts At […]

FMLA and ADA Interplay Part I: Basic Statutory Obligations

Although the legal requirements of the FMLA and the ADA are similar in some regards, at times an employer may find that the requirements of one law contradict the other, and the employer cannot comply with both laws. In these cases, it is important to know which law takes precedence, or “trumps,” the other.  Read […]

Lack of Training Could Doom Social Media Efforts

SHRM’s definition of social networking services and multimedia platforms includes Facebook, LinkedIn, Twitter, YouTube and other video-sharing sites, MySpace, Foursquare, Second Life, and photo-sharing applications.  The “Social Media in the Workplace” survey found that 68% of participants have employees who use social media to reach external audiences, such as current customers, potential customers, and potential […]

Workplace Investigation: Essential Do’s and Don’ts

When harassment or other complaints are filed, you need to do an investigation. Here are some tips … and a “must-listen” audio conference … to help do it right. The note on your desk is handwritten, folded shut, and marked “Confidential.” When you open it, here’s what it says: My two co-workers are hitting on […]