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Independent Contractor vs. Employee

by Gary S. Fealk Businesses often find it advantageous to hire independent contractors to perform a variety of duties in place of employees. Using independent contractors can reduce expenses for payroll taxes and benefits, avoid the impact of laws like the Fair Labor Standards Act (FLSA) and the Family and Medical Leave Act (FMLA), and […]

Hiring Diversity of Perspective

The more perspectives in a room, the greater the chance for innovation. There are many factors that go into creating a strong workforce, and diverse perspectives play a big role. According to Harvard Business Review (HBR), a more diverse team creates a smarter team.

In California, Not All Arbitration Agreements Are Created Equal

By Marianne C. Koepf Over the past several years, many California employers have implemented dispute resolution programs and imposed arbitration agreements as a condition of employment—after all, it’s less expensive than litigation! But as the California Court of Appeal recently explained, while arbitration agreements are generally valid, an employer must understand its limits.

Early communication about data mishaps saves employers’ cash and reputations

As the public grows somewhat used to data breaches, simply having to acknowledge one might no longer be devastating to customer relationships, but how and when to communicate remains critical to damage control, a data security expert said in a recent webinar. In 2005 or 2006, when customers would be notified of a breach, “many would […]

Why Does the NLRB Care About At-Will Policies?

Most employers have and use at-will provisions in their employment agreements, handbooks, and acknowledgements. These provisions tend to state that the at-will nature of the employment is not subject to modification. However, in the last year employers have found that these provisions may be in violation of NLRA Section 7. "The NLRB has now weighed […]

2012-2013 Pay Budget Survey

It’s time for BLR and HRHero’s annual Pay Budget Survey. What’s happening with salary increases and bonuses in 2012 and 2013? How do your plans compare to those of your competitors? Let’s find out. By sharing your insight, opinions, and experience, you can help highlight trends and define benchmarks — by industry, geographic location, and […]

New OFCCP rule on sexual orientation, gender identity takes effect April 8

by Emily L. Bristol A new rule that adds “sexual orientation” and “gender identity” to the list of prohibited bases of discrimination under Executive Order 11246 goes into effect on April 8. The rule, from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), will apply to federal contractors that hold […]

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, […]

Should You Require Preemployment Knowledge-Based Tests?

Research indicates that 85% of job applicants lie on their résumés and job applications because employer application tracking systems expect exact matches from their applicant pools. So, applicants are getting smarter and tweaking their résumés to make it through these technological hurdles and to the first round of interviews.

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 […]