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Trustee Stuck Holding Fiduciary Bag for Service Agreement Terms

Retirement plan sponsors that have agreements with service providers should be aware of a recent appellate court decision that absolved such providers of fiduciary duty — if a plan trustee exercised final control over the terms of their agreement. Background In Santomenno v. John Hancock Life Insurance Co., 2014 WL 4783665 (3rd Cir. Sept. 26, […]

Minneapolis employers must prepare for new paid sick leave law

by Dennis Merley In a unanimous vote, the Minneapolis City Council has passed a paid sick and safe leave ordinance that is scheduled to take effect on July 1, 2017. The ordinance covers all employers with one or more employees, but employers with fewer than six employees must provide only unpaid sick and safe leave. […]

Social media policy best practices: Electronic monitoring

How do you craft a social media policy and internet use policy that helps to maintain your business image and reputation, your right to duty of loyalty, and your right to privacy without infringing upon your employees’ rights to privacy and freedom of expression? How specific do you need to be in your employee handbooks […]

Court Rejects Government Worker’s Age, Gender Suit

Jeffery Akers was a patent examiner at the U.S. Patent and Trademark Office (PTO). He sought a promotion but didn’t get it. Instead, a younger woman was given the position. Akers believed that his age and gender prevented him from getting the promotion, so he filed a discrimination charge with the Equal Employment Opportunity Commission […]

Only compromise will pull us from cliff’s edge

by Dan Oswald Have you ever been in a meeting where two executives face off, each on the opposite side of a critical issue? You watch the debate like you would a tennis match, with each participant knocking the issue back to the other side. As they volley back and forth, the debate picks up […]

Economy, Political Changes Could Create Perfect Storm for Employment Lawsuits

(Updated April 2009) by Boyd Byers Writer Sebastian Junger coined the phrase “perfect storm” to describe the simultaneous occurrence of different weather phenomena that combine to create a powerful nor’easter (a storm blowing from the northeast). Is a confluence of cultural, economic, and political events whipping up a perfect storm for employment law claims? Many […]

Commuting for Creativity

By Kyle Emshwiller To get creative juices flowing, Jonah Lehrer, author of Imagine: How Creativity Works, , suggests quick and easy ways to rest your brain and maximize productivity. Among other relaxation techniques, he suggests making the most of your commute to work. In Lehrer’s book, highlighted in American Express Open Forum, he advises workers […]

Coloradans Reject Anti-Health Care Reform Initiative

By Tobie Hazard On Election Day, Colorado voters rejected Amendment 63, the Health Care Choice Act, which would have amended the Colorado Constitution to prohibit the state from requiring a person to obtain health care. The ballot initiative was intended to thwart President Barack Obama’s federal health care law signed last March, which requires almost […]

State Legislation 101: A Guide for Employers

Every U.S. state has a legislative body. From this point, the similarities end. The state retains the discretion to determine the specific details of how its government, including the legislative branch, will operate, and these specifics are typically set forth in that state’s constitution. Thus, just as the political issues affecting one state may be […]