Month: March 2013

Punitive damages awards increasing in Canadian employment cases

By David McDonald In wrongful dismissal cases in Canada, punitive damages awards are available only in exceptional situations. That’s what the Supreme Court of Canada said in 2008 in Honda Canada v. Keays. The employer’s conduct in the course of termination must be proven to be harsh, vindictive, reprehensible, and malicious. Despite this high threshold, […]

Employers Can Help Improve Retirement Readiness

Plan participants’ shortfalls and worries about retirement preparedness can provide an opportunity for plan sponsors to fill the void with participant education, tools and financial advisory services. Less than half of Americans are taking basic steps to prepare for retirement, and their confidence about how much they need to put away to be financially comfortable […]

Old ‘Disability’ Definition Applies to Employee’s Injury, Says 10th Circuit

There is a growing legal precedent regarding when courts can evaluate an Americans with Disabilities Act claim under a new, broader disability definition: the adverse employment actions at issue must have occurred after the Jan. 1, 2009, effective date of the ADA Amendments Act. For an employee who allegedly was discriminated against in 2008, this […]

403(b) Plans Get More Compliance Help with IRS’ New Prototype Program

On March 28, the IRS issued long-awaited guidance to help 403(b) retirement plan sponsors comply with written plan document requirements in the form of Revenue Procedure 2013-22, which contains a “master and prototype program,” and an information package with sample plan provisions. As a result, beginning June 28, 2013, the IRS will accept plan sponsor […]

Bye Bye Bye

Litigation Value: Michael’s Antics over the Years = Too Many Zeros to Count; Collateral Damage from the Dwight/Jim Feud over the Years = Some Unfortunate Workers’ Compensation Claims; Getting a Super-Sized Finale = Priceless.    Given that my esteemed colleague, Jaclyn, has addressed the Moving On episode twice now, I thought I would focus on our upcoming finale. […]

Is Training the Right Solution for a Performance Problem?

Asking many questions before selecting or designing a training program can help determine whether training is the right solution for a performance problem or whether there is an underlying, nontraining issue that needs to be addressed, says Dave Basarab, a training and evaluation expert and author of Predictive Evaluation (www.davebasarab.com). “Separate what training can provide […]

Healthcare reform and state exchanges

by Gary S. Fealk Employers should be aware that big changes are on the horizon as a result of the passage of the Affordable Care Act (ACA) and the U.S. Supreme Court decision upholding the law as constitutional last year. This article briefly discusses provisions addressing state health insurance exchanges and the mandate that employers […]

Do Great People Make Great Cultures or Vice Versa?

Which came first—the people or the culture? asks business and leadership blogger Dan Oswald. Do exceptional people create an extraordinary culture, or does an extraordinary culture attract exceptional people? It is both, he believes. Oswald, CEO of BLR®, offered his thoughts on leadership, people, and culture in a recent edition of The Oswald Letter. Here’s […]

Train Employees to be Leaders—on the Job and in the Community

Allianz Life Insurance Company of North America (www.allianzlife.com) has received recognition both for its strong commitment to employee development and to the financial literacy of youths in the Minneapolis area. In addition to providing training and development opportunities for its employees, Allianz Life offers college scholarships for local students and supports financial literacy programs in […]