Month: February 2012

SCOTUS to Review Affirmative Action, OFCCP Wants Disability ‘Goals

Supreme Court Review While the case the Supreme Court will hear involves public colleges and universities, the ruling could eventually impact other courts’ decisions on affirmative action programs outside of higher education, notes BLR Legal Editor Susan Schoenfeld. In 2003, the Supreme Court ruled in Grutter v. Bollinger that public colleges and universities could not […]

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 […]

Can We Use the ‘Faltering Company’ Exception for Layoffs?

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 […]

Federal Defense of Marriage Act Found Unconstitutional … Again

Employers with employees who seek coverage under their benefit plans for their same-sex spouses would be justified in wondering exactly what they should do under federal law. The federal Defense of Marriage Act (DOMA) is still in force, but the Obama administration will not enforce or defend it. And now another court has found it […]

Steps to Reduce Conflict, Prevent Violence in the Workplace

Violence in the workplace is one of several concerns when you have conflict between employees. HR professionals need to take complaints and investigations seriously to ensure that situations don’t escalate, and they also need to be sure that safety and other legal obligations are being met. In a BLR webinar titled “Workplace Conflict Resolution: Peacekeeping […]

Should Noncompete Agreement Be in Purchase and Sale Agreement or in Employment Agreement?

By Chris Semerjian When Canadian employers are buying other businesses, the question of noncompetes often arises. But a noncompetition provision in an employment contract may not be the answer. According to the Quebec Court of Appeal in Guay Inc. c. Payette, 2011 QCCA 2282, you may be better protected by only having a noncompetition covenant […]

Layoff, Furlough, Pay Cut: Which Is Best?

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, […]

EEOC: Asking Employees to Explain Medical Absences Violated ADA

Asking an employee to explain the nature of an illness that has kept them out of work violates the Americans with Disabilities Act, the Equal Employment Opportunity Commission is arguing in an ongoing California case. The commission sued retailer Dillard’s, which maintained a written policy requiring employees returning from sick leave to submit a doctor’s […]