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Agency Leaders and Staff Craft New Role as ‘At-Will’ Employees

A year ago, agency heads assumed they were appointed for fixed terms and protected by law from summary termination. However, by means of a series of presidential actions, even the leaders of the “independent” agencies have been “re-classified” as at-will employees, serving at the pleasure of the president. This is in concert with an expanded view […]

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 […]

Employers Can Weigh in on Smartcard Guidance

Employers that offer mass transit benefits have an opportunity to put in their two cents’ worth on whether the IRS should issue clarifying guidance on the use of smartcards in conjunction with qualified transportation fringe benefits. The IRS said in Notice 2012-38, which it issued May 26, “The Treasury Department and the Internal Revenue Service have become […]

DOL Closer to Issuing New FMLA Regs

Update: New FMLA regulations issued by DOL on November 14, 2008 The U.S. Department of Labor (DOL) has sent to the Office of Management and Budget (OMB) its final draft of revised Family and Medical Leave Act (FMLA) regulations, which could be published in the Federal Register this month. These would be the first new […]

Wal-Mart Agrees to Major Class-Action Settlement

Wal-Mart Stores, Inc., has announced that it will pay a minimum of $352 million to settle wage and hour lawsuits across the country, possibly the largest such settlement ever. The 63 wage and hour class-action lawsuits that are being settled have been pending for several years, according to a statement from the company. Each of […]