Most Popular
New Oklahoma law confirms enforceability of nonsolicitation agreements
Although noncompetition agreements remain unenforceable under state law, a new law confirms that Oklahoma employers may enforce agreements prohibiting former employees from soliciting a company’s employees to leave their jobs to work for another employer. For some time, Oklahoma employers have been able to contractually prohibit former employees from soliciting workers for a reasonable period […]
Your Policy on Religion in the Workplace: What It Must Address
Without a solid policy on religion, you haven’t a prayer of winning a discrimination case. Here’s some of what that policy should take into account. Also included is a tool to handle virtually all your policy issues without the work and worry of writing these edicts yourself. With both the Jewish High Holy Days and […]
Opportunity for Employers to Give DOL Feedback on Provider Fee Disclosure
More than two years into the regulation’s implementation, the U.S. Department of Labor wants industry and plan sponsor comment on its regulation that requires retirement plan service providers to disclose fee information to fiduciaries. ERISA Section 408(b)(2) requires covered service providers to give fiduciaries information they need to assess the “reasonableness” of the administrators’ total compensation, […]
The business case for diversity
by Kimberly Williams Recently, my employer, Baystate Health, organized a regional Diversity and Inclusion Conference. While promoting the event on social media, I shared a video clip of one of the conference presenters who was making the “business case” for diversity. One of my Facebook friends asked, “Why are we still making a business case […]
Supreme Court in McCutchen: Clear Plan Terms Prevail Over Broad Equitable Remedies
Clear plan document terms in ERISA group health plans are the best defense against legal claims asserting broad equitable remedies, the U.S. Supreme Court reinforced in an April 16 decision. In its holding, the Court affirmed that equitable theories, such as make-whole, common fund, unjust enrichment and double-recovery doctrines should not be allowed to override […]
Who’s in Control: 3rd Circuit Looks at FLSA’s Joint Employer Test
When a worker is employed by two or more separate employers, this normally presents no special problems under the Fair Labor Standards Act. But even where the employee works for an entirely separate employer, there may still be a question of whether two employers are so entangled as to create a “joint employment” relationship where […]
Splitting Up Meal Breaks: A Bad Idea
Our subscribers often ask us if they can split up an employee’s meal break. For example, if an employee has a meeting or training session that interferes with the 30-minute lunch break, can you as an employer have the person take 15 minutes after five hours worked, and then take the other 15 minutes later […]
CBO: Fewer employers would offer insurance under Obamacare replacement
On March 13, the nonpartisan Congressional Budget Office (CBO) released its cost estimate of the effects of the proposed Affordable Care Act (ACA) repeal and replace legislation. Deficits down, but number of uninsured up According to the CBO and the Joint Committee on Taxation (JCT): The legislation would reduce federal deficits by $337 billion from […]
Terminated Employee Was Not a Whistleblower, Court Says
Is every employee who makes a formal complaint considered a “whistleblower”? The federal District Court says no. Mark Shulthies, a long time Amtrak employee working in California, sent an email to his supervisor complaining that the company’s decision to reorganize certain aspects of its service between the Bay Area and Bakersfield posed a “danger to […]