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Ninth Circuit Again Allows EEOC to Pursue Navajo-Preference Claim

Title VII of the Civil Rights Act of 1964 allows employers on or near an Indian reservation to give preferential treatment to Indians living in the vicinity. But the Equal Employment Opportunity Commission (EEOC) takes the position that this provision doesn’t permit preference for members of a particular tribe. In the continuing saga of a […]

Will the Brinker Meal and Rest Breaks Decision Stand?

Most California employers know by now that a California appeals court recently issued an important decision in Brinker Restaurant Corp. v. Superior Court, interpreting the state’s meal and rest period requirements and giving employers and employees welcome flexibility in scheduling breaks. (See our complete coverage here.)

American Indian and Alaska Native Heritage Month

The first American Indian Day was celebrated in May 1916 in New York. Red Fox James, a Blackfeet Indian, rode horseback from state to state getting endorsements from 24 state governments to have a day to honor American Indians. In 1990, President George H.W. Bush signed a joint congressional resolution designating November 1990 as “National […]

Democrats Introduce the Employee Free Choice Act

The Democrats blazed ahead into battle today (March 10) by introducing the much-anticipated Employee Free Choice Act (EFCA) in both houses of Congress. EFCA, which has been the subject of countless debates, is a controversial bill that would allow a majority of employees to form a union by signing card-check petitions. Under the Employee Free […]

Just How Does HR Feel About Itself? Survey Says …

A survey of HR pros about their own profession found them well paid, but under-respected, empowered but challenged, and frustrated, drained, and tired even as they start the day. HR Daily Advisor goes out to about 100,000 HR professionals each morning. Now, thanks to a survey by the opinion research consulting company, Discovery Surveys, Inc. […]

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 […]

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 […]