Practical HR Tips, News & Advice. Updated Daily.
Companies that move from pensions to a cash balance plan can benefit by avoiding the risk of market volatility, but they should explain all aspects of the switch to employees and be careful not to violate the prohibition against age discrimination. When cash balance accounts replace retirement pensions, employees can be highly sensitive to the […]
An employer and its staffing company will pay $1.1 million in back wages and another $1.1 million in damages to resolve U.S. Department of Labor (DOL) findings that they intentionally misclassified workers as independent contractors.
Unemployment is high, and employment litigation is increasing. We’re seeing more wrongful discharge, discrimination, and wage cases than ever. What will you do if your business is served with a lawsuit or discrimination charge by a current or former employee? We have some suggestions that can help keep your legal bills reasonable and assist your […]
The Pension Benefit Guaranty Corporation (PBGC) is proposing to expand its existing Missing Participants Program to cover terminated 401(k) plans and most other defined contribution plans, as well as certain defined benefit plans that aren’t currently covered by the program.
On April 24, the National Labor Relations Board (NLRB) announced that it will review a regional director’s decision that Northwestern University’s scholarship football players are employees who are eligible to unionize. The Board’s announcement came one day before a secret-ballot election, which will go on as scheduled. The NLRB said the ballots will be impounded […]
By Jane Meacham Employers should exercise oversight of third-party administrators, to ensure they distribute accurate plan notifications and information about beneficiary distributions. That’s because in the case of certain errors, the TPA may end up not being defined as a fiduciary, as Judge James Graham in the U.S. District Court for the Southern District of Ohio, Eastern Division, ruled in Stark […]
According to multiple sources, the U.S. Department of Labor (DOL) has changed the threshold for overtime exemption to around $47,000. When the DOL issued its proposed overtime regulations released in July 2015, the threshold was $50,440.
By Michel Bellemare Last fall, we reported on the mysteries of mitigation. Those articles (“When do employees have a duty to mitigate termination claim?” and “More mysteries of mitigation”) reported on the Ontario Court of Appeal’s decision in Bowes v. Goss Power Products Ltd. that confirmed that the duty to mitigate doesn’t necessarily apply where […]
At the start of a new year, it’s common to make predictions about trends for the coming months. Predictions are based on emerging trends, sociopolitical and market factors, etc. Given that a new year isn’t usually that different from the previous year, these are often safe predictions.
by Sophie E. Zdatny Equal pay for equal work may seem like a no-brainer, but the gender pay gap is still with us almost 50 years after the passage of the Equal Pay Act (EPA) in 1963. Nationally, women earn 77 cents for every dollar earned by men. The Vermont Attorney General’s Office (AG) and […]