Tag: procedures

Providing References: Are You Immune from Liability?

The last thing you need—an ex-employee suing over a bad reference. Fortunately, most states offer a qualified privilege to employers that provides immunity for employers who give employment references; however, the privilege is easily lost if employers aren’t careful. For detailed information about the states and their laws, we turned to “The 50×50,” BLR/HRhero’s 50 […]

Know the Rules for On-call Workers

By Arthur Silbergeld, Esq. Anyone who works on a computer knows the sinking feeling that comes with hitting that nasty combination of keystrokes causing your machine to freeze. The fact that many companies now keep IT staff available around the clock just to help frantic employees get their misbehaving computers working, retrieve lost documents and […]

401(k) Disclosures: How to Handle Employee Questions

Studies show that the vast majority of 401(k) participants believe their plan is free. There may be a rude awakening the first time you inform them of the fees being charged. What to do? Again, we turn to BLR’s New 401(k) Fee Disclosure Compliance Download Report for help. Preparing Staff to Handle Questions/Concerns Preparing staff […]

401(k) Fiduciary? Personal Liability If You Get It Wrong

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 […]

Labor Extends Comment Period for Caregiver Rule

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 […]

Be “sure” before classifying a worker as an independent contractor

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 […]

Six Steps for Avoiding Retaliation Claims?

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: Most Common Charge And Still the Stupidest

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. […]

IRS to Hold Public Hearings on Governmental Plan Updates

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 […]