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Retirement Plans: Final DOL Regulation on Qualified Default Investment Alternatives Protects 401(k) Fiduciaries

A new U.S. Department of Labor (DOL) regulation protects fiduciaries when selecting and investing employee assets in qualified default investment alternatives (QDIAs) for 401(k) plans. The rule, effective Dec. 24, 2007, expands the relief provided to plan fiduciaries under the federal Employee Retirement Income Security Act (ERISA) and should be particularly valuable to fiduciaries of […]

When Employee Privacy and Social Media Collide

By Lyne Duhaime An IBM employee from Quebec made headlines last month when her disability benefits were cut off by the insurance company after it saw pictures of her on Facebook. Despite being off work for depression, the employee had posted photos of herself on vacation at the beach and at a Chippendale’s show. When […]

Wellness Programs Tackle Number 2 Killer

In yesterday’s Advisor, we learned how to knock out the largest source of deaths; today we’ll look at the #2 killer, cancer, and also the ADA issues that wellness programs raise. About a third of us get cancer and about 20 percent of us die of it, so in theory that makes cancer about half […]

Will BlackBerries Give HR a Black Eye?

By BLR Founder and Publisher Bob Brady Our CEO (and Chief BlackBerry User) wonders whether the time nonexempt workers spend checking in with BlackBerry-type devices might eventually be considered legally compensable under FLSA. Wherever you go, from the canyons of Wall Street to the canyons of our national parks, you can depend on one thing: […]

Monitoring Employees’ E-messages — Impact of Recent U.S. Ruling for Canada

By Derek Knoechel and Lorene Novakowski On June 17, 2010, the U.S. Supreme Court issued its much anticipated decision in City of Ontario v. Quon. This was its first decision regarding the monitoring of electronic communications in the workplace by employers. What impact, if any, will the Quon decision have on Canadian law regarding employer […]

Family And Medical Leave: Supreme Court Says Employer Who Fails To Give FMLA Notice Is Not Required To Grant More Than 12 Weeks Of Leave

A Labor Department rule provides that when an employer fails to notify an employee that leave qualifies under the federal Family and Medical Leave Act, the time off does not count toward the 12 weeks per year the employee is entitled to under the FMLA. Federal courts have split over whether this regulation is valid—and […]

Paying Foreign and Canadian Crews Comparable Wages Not Good Enough

By Thora Sigurdson, Nicola Sutton, and Derek Knoechel SELI Canada Inc. entered into a joint venture with SNC Lavalin and successfully bid on a contract to build a large rapid transit project in the Vancouver area. The so-called “Canada Line” has been a “hot button” project, causing heated debate about the cost to taxpayers, the […]

Does ADA Block Swine Flu Inquiries?

Everyone’s wondering what to do about swine flu, although some surveys show that companies haven’t done much yet. When you do act, you could run smack into the ADA if you’re not careful. Among other things, the Americans with Disabilities Act (ADA) regulates when and how employers may require a medical examination or request disability-related […]