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Party Time

McCarthy Tetrault Q. When a company holds a social outing for employees and alcohol is served, what are the legal risks? How can potential liability be minimized? A. Parties and other social events provide employers with an opportunity to reward employees and let them interact with coworkers outside of the office. Unfortunately, they also create […]

Will an Independent Fiduciary Help Plans Achieve Retirement Readiness?

A couple of phrases are making the rounds in retirement plan circles; perhaps you’ve heard them. They are “retirement readiness” and “independent fiduciary.” While they have different meanings, they are more connected than you may suspect. We spoke with Jason Chepenik of Chepenik Financial, who advises clients about their benefit programs and specializes in retirement […]

Employers Now Allowed To Email WARN Notifications to EDD

California employers may now submit their WARN notices to the EDD via email. According to the EDD, the goal is to provide employers with a business-friendly option for satisfying WARN requirements. The new email option should also allow for the faster receipt and processing of WARN information by the EDD, which will enable the EDD […]

More Investment Advice from Fiduciaries Deemed Trustworthy by DOL

Retirement plan investors will save between $5 billion and $13 billion annually, thanks to new exceptions to DOL’s prohibited transaction rules, DOL estimates. The DOL’s Employee Benefits Security Administration (EBSA) opened the door to allowing fiduciaries to offer investment advice in a final rule published to become effective Dec. 27, 2011. DOL estimates this new rule […]

Hair Do = Don’t When Employee Violates Socmed Policy

A television meteorologist who took to social media to defend a comment on her hairstyle ended up trying to defend herself from termination for violation of the station’s social media policy. Or was it just “guidance”? According to media reports, the weatherperson for KTBX in Shreveport, Louisiana, who is a black woman, responded, albeit in […]

States approve minimum wage, paid leave ballot questions

States with employment-related ballot questions mostly approved them during the November 8 election, and employers have little lead time before many measures will be implemented. All told, 14 states have new provisions with which companies must comply, some as early as January 1, 2017. Minimum wage Arizona, Colorado, Maine, and Washington considered minimum wage increases […]

Firing an Employee: Why You Should Never Act Alone

In yesterday’s CED, Hunter Lott of Please Sue Me fame offered his lawsuit avoidance tips. Today, his advice on legal exposure in 2011, plus an introduction to an upcoming event you won’t want to miss. First, specialized input. As we mentioned in yesterday’s CED, specialized members of the management team, like the HR manager, are in a […]

Bill Would Require Minimum Wage in Sheltered Workshops

For more than 70 years, the Fair Labor Standards Act has allowed employers to pay some workers with physical or mental impairments less than the federal minimum wage. H.R. 3086, introduced by Cliff Stearns (R-Fla.), Tim Bishop (D-N.Y.) and Gregg Harper (R-Mo.) earlier this fall, would change that. HR 3086 would phase out special wage […]

Employer Stuck with $830k Bill After Delay Results in S-L Claim Denial

The outcome in this case should remind employers that even with stop-loss (S-L) in place, a self-insured health plan is risky business. Trouble for the Claire’s Stores health plan started in the form of a premature birth, which generated about $1 million in charges. Under the terms of its S-L contract, the plan had to […]

Ask the Trainer: Weekend Training

A: According to BLR legal editors, there is no federal law that would prohibit an employer from requiring an exempt employee to attend a training session over a weekend, especially where the training is necessary for the employee to perform the job. However, the company should consider any union contract, individual employment contract, or policy […]