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7 Steps to Starting an Investigation in the Workplace

When an employee complains that a supervisor or co-worker is harassing or bullying them, or engaged in discriminatory or other illegal conduct, an investigation is often required to resolve the matter. However, few managers are trained in how to conduct them. Speaking at BLR’s National Employment Law Update this week in Las Vegas, Attorney Rebecca […]

Plan’s Network Policy Was Clear Enough to Ward Off ERISA Claims (in spite of poor call center performance)

Rejecting a plan participant’s claims that plan documents should specifically list in-network providers, the 7th U.S. Circuit Court of Appeals held that a plan clearly providing information on how to check for provider status was sufficient to escape benefits-denial and fiduciary-breach claims. In affirming a lower court decision, the court also rejected an argument that […]

Steps to take toward gender equality

by Dinita James In the mid-1970s, I wore an ERA bracelet in support of ratification of the Equal Rights Amendment (ERA). I also had a button that displayed only two numbers and a symbol ― 62 ¢. The 62 cents signified the then-current national average of women’s earnings for every dollar earned by men. Some […]

Fact-based communication changes “good ol’ boy” behavior

Not too long ago, the board of directors of a well-known Fortune 200 corporation was out of ideas for how to deal with a difficult CEO. The problem: At a time when this company was trying to increase the diversity of its senior ranks — and serve an increasingly diverse customer base — people complained […]

ACA’s Automatic Enrollment Provision Repealed

One of the Affordable Care Act’s many (many) provisions required employers with 200 or more employees to automatically enroll employees into the employer’s lowest-cost healthcare plan if employees failed to either select a plan or opt out of coverage. That provision had not yet gone into effect, however, as enforcement was on hold pending the […]

HR Recordkeeping: Bor-ing–But Critical to Fighting Off Lawsuits

Yesterday’s Advisor offered tips for keeping hiring and employment records. Today we tackle termination records and introduce an upcoming audio conference that will answer your specific recordkeeping questions. As mentioned yesterday, attorneys Allen Kato and Trey Wichmann stress the importance of good records in fighting lawsuits. Today, their tips on terminations and termination records litigation: […]

Missouri governor signs new right-to-work law

by Bob Kaiser, Daniel O’Toole, and Jeremy Brenner As anticipated, the Missouri Legislature has once again passed a right-to-work law. However, unlike the two prior right-to-work measures passed by the legislature but vetoed by former Governor Jay Nixon, the version passed on February 2 was signed into law by newly elected Governor Eric Greitens on […]

Race Bias: $1 Million Punitive Damage Award For Employee Subjected To Racial Slurs; Avoiding Lawsuits

The Ninth Circuit Court of Appeals, which covers California, has upheld a $1 million punitive damages award to an employee who was subjected to repeated racial slurs and jokes with his supervisor’s knowledge. The new ruling, one of the largest of its kind, serves as a reminder that it’s imperative to take steps to prevent—and […]