Practical HR Tips, News & Advice. Updated Daily.
Changes to the Employee Retirement Income Security Act of 1974 (ERISA) mean that sponsors of 401(k)s and other retirement plans have new responsibilities. If you are a fiduciary, and you get it wrong, your own assets could be at risk. The changes, which take effect July 1, 2012, are big. As a plan sponsor, you […]
The Labor Department has extended the comment period for its proposed rule to provide minimum wage and overtime protections for in-home companions by nine days, the agency announced in a March 9 release. The division published a notice of proposed rulemaking in the Federal Register on Dec. 27, 2011, with a comment period originally set […]
Never base a worker classification decision on uncertainty, according to attorney Christine Walters. Walters, a Maryland HR consultant presenting at the Society for Human Resource Management’s legislative conference in Washington, D.C., March 5, ticked off the many reasons employers might be inclined to classify a worker as an independent contractor. Among them: to avoid paying […]
Retaliation suits may be dumb, but they happen with increasing frequency. What should HR do? Here are tips from attorney Joan S. Farrell, BLR Legal Editor: Have a written policy. As the backbone for your anti-retaliation program, initiate a policy prohibiting retaliation (see sample below) Provide training. Just having the policy isn’t enough. Provide training […]
Retaliation is now the leading basis for charges against employers, and it remains the stupidest of all charges. Stupid because most retaliation charges can be avoided if managers and supervisors just think before they act. Laws prohibiting retaliation as a form of workplace discrimination have expanded rapidly in the past few years, says Joan S. […]
The IRS and the Department of Treasury is still seeking public input on future standards to determine whether a retirement plan is a governmental plan under Code Section 414(d). According to the IRS, more guidance is needed for Section 414(d), as the statutory rules for governmental plans differ from those for nongovernmental plans. Further, changes […]
Normally, the Worker Adjustment and Retraining Notification Act (WARN Act) requires 60 days advance notice of a layoff, but there are several exceptions, including the “Faltering Company” exception. Well, we’re faltering, you may think, so we don’t have to worry about WARN, but it’s not as simple as that. Exceptions to the WARN Act Notice […]
The economy may be coming back, but many organizations are still struggling to contain costs. When labor costs are a major factor (when aren’t they?), companies have to choose between freezes, layoffs, furloughs, and pay cuts. When you’ve trimmed all the fat you can trim from operations and marketing and the budget still isn’t balanced, […]
The Labor Department is taking its enforcement efforts onto military bases. DOL’s Wage and Hour Division this month announced that it is conducting a significant labor law enforcement effort on a multibillion dollar construction project at Fort Bliss in El Paso, Tex., focused on promoting contractor and subcontractor compliance with the Fair Labor Standards Act, […]
By Susan Hartmus Hiser Q: Our company is considering implementing a policy that would make individuals who smoke ineligible for employment. In doing so, we would save a substantial amount of money on our insurance premiums. Can we do this? If so, how do we monitor employees who claim they have quit smoking? A: Many […]