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California Employer Abandons Appeal—A Costly Mistake!

By Michael Futterman and Jaime Touchstone An employee filed a wage claim against her former employer for unpaid commissions and was awarded nearly $30,000 by the labor commissioner. The employer appealed the decision to the superior court … but then withdrew the appeal. The employee then sought reimbursement of the amounts she had expended in […]

Romney: Dodd-Frank Act a ‘Boon’ to Big Banks

Retirement plans’ fortunes are tied to the financial markets — and how the federal government regulates them — and there has been no bigger development in that arena than the Dodd-Frank Wall Street Reform Act of 2010. The law made news Oct. 3, when presidential candidate Mitt Romney criticized Dodd-Frank’s “too big to fail” provision, […]

Rise in Mental Health Parity Enforcement Calls for Review of Plan Documents, Practices

By David Slaughter, JD, Senior Legal Editor Enforcement of mental health parity requirements is on the upswing, so plan sponsors and administrators need to be reexamining their plan documents and claims review processes for signs that mental health and substance use disorder (MH/SUD) benefits are being handled differently from other coverage.

Americans with Disabilities Act: EEOC Issues New Fact Sheet Explaining When Telecommuting Is a Reasonable Accommodation

Many employers have discovered that successful telework arrangements can provide high levels of flexibility and employee satisfaction. And, as a new fact sheet from the U.S. Equal Employment Opportunity Commission points out, you may be required to consider telework as a reasonable accommodation for disabled employees. Modifying Telework Programs The Americans with Disabilities Act (ADA) […]

Win the “Recruitment Wars” with Marketing’s Secret Weapon

To be victorious in the “talent wars,” use what Marketing uses to win customers: segmentation. If you’re having trouble recruiting the employees you need these days, the solution might just lie in your Marketing department, says consultant Eileen Levitt, founder of HR Team in Baltimore. “Can you attract all your desired customers using one sales […]

Individual privacy rights trumped by union’s freedom of expression

By Lorene Novakowski and Brandon Wiebe On November 15, 2013, the Supreme Court of Canada ruled that a union’s right to collect, use, and disclose personal information for legitimate labor relations purposes outweighs an individual’s right to privacy. In so doing, it declared Alberta’s Personal Information Protection Act (PIPA) unconstitutional but suspended the declaration for […]

U.S. Departments Release Guidance on ACA Implementation, Mental Health Parity

By Benjamin J. Conley, JD In late October, the Internal Revenue Service (IRS), U.S. Department of Labor (DOL), and the U.S. Department of Health and Human Services (HHS) released a series of informal frequently asked questions (FAQs) addressing various unanswered questions under the Affordable Care Act’s (ACA’s) preventive service mandate, the Mental Health Parity, and […]

It’s firing time again

by Al Vreeland I report from the center of the Southeastern Conference (SEC)—where the arrival of winter means it’s firing time. Four of 14 SEC head football coaches have been sacked, and regardless of your tailgating preference, their terminations provide lessons on how to gracefully handle the exit of your top executives. Penthouse to outhouse […]

Exempt Employees: How California Employer Won Overtime Exemption for High-Level IT Employee

Skyriver Communications, Inc., a San Diego wireless broadband Internet service provider, employed Mark Combs as director of network operations and classified him as an exempt administrator. Combs spent about 60 to 70 percent of his workday ensuring that the company’s network was operating properly at all times. Combs eventually resigned, and he slapped Skyriver with […]