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Administration Proposes Overtime Expansion, Solicits Employer Buy-in

President Obama announced a proposed rule to “modernize” and expand overtime protections for workers on March 13. The administration signaled that it would like to expand overtime protections through a U.S. Department of Labor rule change that would raise the salary threshold defining which workers are exempt from overtime and potentially evaluate some of the […]

EFCA: The Saga Continues, As Does the Misinformation

Through the first part of the summer, there were no major developments regarding the Employee Free Choice Act (EFCA). Essentially, both sides were maintaining the same positions. There have been, of course, occasional releases of “studies” and proposals by ostensibly neutral parties, but those volleys were the political equivalent of random shots exchanged by military […]

What Company Should Employ Your Expats in Canada?

By Rachel Ravary of McCarthy Tetrault and Brian P. Smeenk, formerly with McCarthy Tetrault When you send an employee to work in Canada, what company should be named as the employer? Your U.S. company? A Canadian subsidiary or affiliate? Perhaps your parent company? Why is this important? It’s important to be clear about which company […]

IRS Eases Health FSA ‘Use-it-or-Lose-it’ Rule

Employers now have the option of allowing plan participants to roll over up to $500 in unused FSA funds at the end of each plan year, under a new regulatory interpretation on health flexible spending accounts, the U.S. Treasury Department and IRS announced Oct. 31. Employers are free to change their plan designs accordingly for […]

HOT LIST: BusinessWeek’s Bestseller List

BusinessWeek ranks business books that are the most recent bestsellers and provides a short summary. 1. StrengthsFinder 2.0: A New and Upgraded Edition of the Online Test from Gallup’s Now, Discover Your Strengths by Tom Rath. Are you unsure where your true talents lie? Do you feel that you are both a person who gets […]

Workplace Investigations: New Law Clears Way For Employers To Use Outside Investigators; What You Need To Know

For several years, employers have struggled with whether they have to comply with the Fair Credit Reporting Act’s (FCRA) detailed notice and disclosure rules when they use outside experts to investigate employee misconduct, such as harassment. The uncertainty stemmed from a now infamous opinion letter from the Fair Trade Commission that stated reports prepared by […]

Doing the ‘Toggle’: Managing Both State and Federal Employment Laws

If you’ve fully complied with federal law, your job is not done. Your state probably has laws that overlap, or even conflict with, the federal laws. Here are the issues where that’s most likely to happen. Ever hear of the ‘toggle’? It’s a maneuver most HR professionals execute every day—jumping between state and federal law […]

Fueling Disputes: Health Reform May Spur New Types of Employee Lawsuits

Recent legal challenges have focused on constitutional issues, but health care reform is expected to create new reasons for benefits and employment-law litigation, according to a reform expert. Reform rules fraught with legal risk include: (1) pay-or-play requirements, (2) claims appeals and external review, (3) essential benefits; and (4) retiree medical rules. Another area of […]