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Employee Benefits: U.S. Supreme Court Says Individuals Can Recover Damages for Mishandling of Retirement Accounts; Self-Protection Options for Employers

In an important new development, the U.S. Supreme Court has unanimously ruled that when fiduciary misconduct diminishes the value of an individual account in a defined contribution plan, such as a 401(k), the harmed employee can sue for damages. In the past, courts have taken the contrary position that the federal employee benefits law only […]

When HR Risks Multiply, Training Is Essential

By Patricia M. Trainor, J.D.BLR Legal Editor In yesterday’s Advisor, we began our look at the 12 biggest risks for HR in a down economy, as seen by attorney Allison West. Today, we’ll look at the final six of those risks and see how training is the key to avoiding them. West’s suggestions came during […]

NCAA rules limiting payments to college athletes may violate antitrust laws

by Nancy Williams Certain NCAA rules designed to ensure “amateur status” of student athletes may violate federal antitrust laws, according to a decision of the U.S. 9th Circuit Court of Appeals. The ruling came in a case filed by Ed O’Bannon, a former All-American basketball player at UCLA. O’Bannon discovered that his name, likeness, and […]

Employer Violated NLRA by Firing Workers for Facebook Postings

Clothing retailer Bettie Page must reinstate three terminated employees with back pay and rescind an unlawful handbook rule, said the National Labor Relations Board in affirming a lower court’s finding that the employer violated several provisions of the National Labor Relations Act. The NLRB agreed that the employer violated the NLRA’s prohibition of unfair labor […]

Workers’ Compensation: Employee Gets Six Years to File Comp Claim Because Employer Didn’t Provide Notice of Rights

Thomas Davenport worked for Michael Faeth Cleaners (MFC) under its contract with Camp Pendleton to dry-clean military clothing. He lived in a hotel on the base and MFC paid for his room and board. One day, while Davenport was cooking in his hotel room, a grease fire started and Davenport was burned on his arms, […]

hiring

Hiring Forecast Reveals Uptick in Hiring Plans for Q2 2018

With the unemployment rate hovering around 4%, it’s no wonder why employers are looking to increase staff numbers for the second quarter of 2018. If you plan on hiring in the second quarter, you’re not alone. A recent hiring forecast, released by Brilliant™—a search, staffing, and management resources firm—indicates that businesses are planning to increase […]

Steps to take in response to the DOL’s proposed FLSA regulations

In 2015, the U.S. Department of Labor (DOL) issued proposed regulations that would revise the requirements for the white-collar exemptions under the federal Fair Labor Standards Act (FLSA). The DOL has not yet issued the final regulations. This article explains the steps employers should take in response to the proposed regulations. FLSA and the proposed […]

Vermont Minimum Wage Rising to $8.46 Per Hour

The minimum wage in Vermont will increase to $8.46 per hour from $8.15 per hour on January 1, 2012, according to a statement from the Vermont Department of Labor. The state minimum wage increases at the same rate as the Consumer Price Index, as calculated in August, for the preceding year or at five percent, […]

Employee Leaves: How Do We Get Control of Our PTO Program?

We’ve got a situation around our PTO (Paid Time Off) program. When we first initiated it, people liked it, and we thought that the very clear policy—exceed your accrued PTO days and you won’t get paid for any additional time off—would work well. We figured employees would hoard their days, and that we’d only have […]

Michigan now a right-to-work state

Long a union stronghold, Michigan has become the latest state to pass right-to-work legislation. The fight, though, likely will rage on. State legislators on December 11 approved legislation that prohibits workplaces from requiring all employees to pay all union dues. The legislation was pushed by the Republican majority in the state legislature. On Tuesday afternoon, […]