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Retirement Plans: Government Announces New ERISA Enforcement Plan—And New Program To Correct Violations Without Penalties

The U.S. Department of Labor’s Pension and Welfare Benefits Administration (PWBA) has just released its new enforcement strategy to ensure that pension plans comply with ERISA. The main target: defined contribution programs, particularly 401(k) plans. This means you could be hit with hefty penalties for pension plan administration errors, such as delinquent employee contributions and […]

Hiring Summer Interns And Volunteers: It’s More Complicated Than Most Employers Think; How To Keep From Getting Burned

Now that summer is here, students are looking for hands-on work experience and are often willing to work as a volunteer or intern for no pay. But many employers are not up to speed on the strict state and federal guidelines regarding who is legally considered an employee entitled to be paid at least minimum […]

E-Alert Item: Court Says Employer Erred When It Unilaterally Discontinued Dues Check-Off Provision

When a collective bargaining agreement expires, and the union and management haven’t negotiated a new one, an employer must maintain the status quo. This means the employer can’t impose unilateral changes on issues that are considered “mandatory subjects of bargaining,” until a new contract is negotiated or the parties have bargained to impasse. Applying this […]

‘Back in the Lobby’ Article Draws Reader Fire

By Steve Bruce, Editor, HR Daily Advisor Just My E-Pinion Our headline in a recent issue of HR Daily Advisor—"He’s back … in the lobby … with a gun"—was calculated to attract attention; that’s what headlines do. But not the kind of attention we attracted. A number of readers were upset by the headline and […]

Making Managers Manage

Surely one of the most frustrating things about HR is managers who won’t manage. HR sets up its policies, practices, and systems and then managers don’t follow through. Some don’t care, some can’t, and some just don’t have the backbone to make tough calls. One thing’s sure—when things go South, HR’s going to catch the […]

DOL Awards Grants for Reemployment Services in 50 States

The U.S. Department of Labor (DOL) has awarded $112 million to 50 state and territorial workforce agencies, including those in Puerto Rico, the Virgin Islands, and the District of Columbia, to operate reemployment services and eligibility assessments programs for those receiving unemployment insurance (UI) benefits.

News Notes: Circuit City Arbitration Agreement Struck Down Again

The Ninth Circuit Court of Appeals, which covers California, has issued another in a string of rulings invalidating mandatory arbitration agreements used by electronics retailer Circuit City. In the latest case, Circuit City employee Paul Mantor claimed the company indicated to employees that they risked their future with the retailer if they chose not to […]

News Notes: Arbitration Provision In Union Contract Doesn’t Preclude Whistleblower Lawsuit

The Ninth Circuit Court of Appeals has ruled a labor arbitration provision in a collective bargaining agreement doesn’t bar an employee from filing a lawsuit claiming he or she was discharged in retaliation for filing a complaint with Cal-OSHA. This is true unless the union contract contains a “clear and unmistakable” waiver of the employee’s […]