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Do You Have the Correct Posters Up?

Why should you worry about employment posters? Two big reasons: 1. It’s the law. Every employer must have the most up-to-date minimum wage and other posters showing. And when the enforcement authorities hit your office, they usually head straight for your posters. It’s a quick and easy way for them to size up your compliance […]

McCutchen Ruling Gives Reason to Reevaluate ERISA Plan Terms

It is clear based upon the U.S. Supreme Court decision in U.S. Airways v. McCutchen that ERISA health plans should consider modifying their plan provisions to expressly negate the application of the common fund rule in the future. This decision represents a victory and a reminder. The McCutchen ruling (No. 11-1285 (U.S. Ct., April 16, […]

Men don’t [take] leave

At least that’s what former NFL quarterback Boomer Esiason and radio talk show host Mike Francesa believe. Their critical comments of New York Mets second baseman Daniel Murphy, particularly those made by Esiason, recently created a storm of controversy that extended beyond just the sports world. Murphy missed the first two games of the 2014 […]

Some Employees Are ‘Fire-Retardant’—But that Doesn’t Mean You Can’t Fire

“I want to fire him, but I can’t.” It’s true that some employees come with “fire retardant factors”—they are in a protected class or performed a protected act—but this doesn’t mean you can’t fire them. However, you do want to slow down and be sure that you aren’t discriminating or retaliating against them for asserting […]

Tech companies: Canada is open—here are some immigration considerations

by Gilda Villaran The Government of Canada prides itself on its positive attitude toward immigration and openly welcomes international talent. There are no restrictions preventing the issuance of work permits based on citizenship, and there is no reason to believe that Canada will change the way it views immigration in the immediate future. Not to […]

Federal contractor ‘pay transparency’ rule up for comment

by Tammy Binford The U.S. Department of Labor (DOL) has published a proposed rule aimed at ensuring that employees of federal contractors are allowed to discuss their compensation. The proposed rule, which was published in the September 17 Federal Register, gives interested parties until December 16 to submit comments. The rule’s language prohibits federal contractors […]

Progressive discipline prevails—even where harassment proven

By Keri Bennett When a long-service costume designer was dismissed following a workplace harassment investigation, a British Colombia arbitrator found the company’s no-hire ban for all future productions to be excessive, since there was a lack of progressive discipline. Despite finding that the fired employee had engaged in longstanding and widespread harassment of junior employees, […]

Insurance Contract Overrules More Specific SPD, 9th Circuit Rules

The 9th U.S. Circuit Court of Appeals decided that an insurance certificate was an official plan document that overrode the plan’s summary plan description. It shows that plans are vulnerable when they attempt to set out plan terms in the SPD only without corresponding language in the official plan document. For stronger plan design, the […]

What’s Your HR Credibility Rating?

In yesterday’s Advisor, we shared some how-to-lose-your-HR-credibility pitfalls. How many applied to you? Today, more tips and an introduction to a unique online training program. Building “HR Cred” is a top task for HR managers, although it never appears on any job description. It’s tough to build credibility, but easy to lose it. Here is […]