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A Connecticut-based fiduciary investment adviser agreed in a settlement to pay about $1.3 million to 13 pension plans to resolve alleged ERISA violations related to mutual fund fees the firm received. USI Advisors Inc. made investments in mutual funds on behalf of ERISA-covered defined benefit plan clients and received 12b-1 fees from those funds, according […]
By Lindsey Taylor The issue of employees with environmental sensitivities often arises for Canadian employers. Most commonly, employees complain about sensitivities to strong scents such as perfume. Human rights laws in many provinces accept that environmental sensitivities may be disabilities, to which the duty to accommodate to the point of undue hardship may apply. This […]
The Lilly Ledbetter Fair Pay Act of 2009 changed the scope of claims for pay discrimination, stating that each additional paycheck issued under a discriminatory pay decision constitutes a new act of discrimination, which then resets the clock on the limited time during which employees may file suit. In a unanimous decision issued Monday, the […]
By Donovan Plomp McCarthy Tetrault Does your Canadian business ask employees to sign releases in exchange for their severance packages? Imagine if an employee took the severance package, signed the release, then sued your company anyway. That’s exactly what Douglas L. Titus did to his former employer — and he won at the trial level. […]
A multibillion-dollar corporation that hired a private investigator to combat excessive employee absenteeism and suspected FMLA abuse withstood an interference and retaliation claim by a fired factory worker in a case brought before the 7th U.S. Circuit Court of Appeals. The case is Scruggs v. Carrier Corp., No. 11-3420 (Aug. 3, 2012). Daryl Scruggs, who […]
Recently, BLR conducted a survey of 1,261 HR professionals to find out about the retirement benefits their organizations offer employees. Most respondents (86%) say they offer either a 401(k) or 403(b) retirement savings plan to employees. Employee contributions While a high number of employers represented in the BLR survey offer retirement benefits, only 33% automatically […]
In an earlier article, we reported on a lawsuit filed by employees of fashion retailer Polo Ralph Lauren charging that the employer violated wage and hour rules by requiring them to spend their own money on the company’s clothing to wear on the job. Now two other high-profile retailers—Gap Inc. and Abercrombie & Fitch—have been […]
Just because a disaster affects your organization doesn’t mean your legal obligations in the workplace are put on hold. With (1) Hurricane Earl barreling toward the East Coast and at least two more hurricanes behind it, (2) another oil rig accident in the Gulf of Mexico, and (3) a terrible hostage situation at the Discovery […]
Wal-Mart is facing a class action lawsuit alleging that its refusal to hire pharmacists whose licenses have been suspended violates the Americans with Disabilities Act. Wal-Mart recently implemented a policy of firing and refusing to hire pharmacy employees who have any history of adverse action against their licenses by a state pharmacy board, the suit […]