Month: June 2013

U.S. Supreme Court finds DOMA provision unconstitutional, dismisses Proposition 8 case

It came as no great surprise that the U.S. Supreme Court withheld its opinion on two landmark decisions on same-sex marriage rights until the last decision day of the 2012-2013 term. This, however, would be the only lack of surprise of the day, as the Court delivered two opinions that significantly change the landscape for […]

WHD clarifies definition of ‘son or daughter’ under FMLA

Earlier this year, the U.S. Department of Labor’s (DOL) Wage and Hour Division (WHD) issued Administrator’s Interpretation (AI) No. 2013-1, which can be found at  www.dol.gov/whd/opinion/adminintrprtn/fmla/2013/fmlaai2013_1.htm. The AI clarifies that the age of onset of a disability is irrelevant when determining whether an employee is entitled to take leave to care for an adult son […]

Fair Labor Standards Act Celebrates 75th Anniversary

The Fair Labor Standards Act turns 75 today, June 25. When the law was enacted as part of Franklin Roosevelt’s New Deal policies it established the minimum wage, overtime and other labor standards that still govern today’s workplaces. Those standards turned out to be just the “baby steps” of a law that has grown to […]

Feds Push to Publicize Exchanges in Wake of Unpreparedness Charges

More than a month after Max Baucus, D-Mont., an early proponent of health reform, said the implementation of state-based health insurance marketplaces was going so poorly that a “train wreck” would ensue, the Obama administration is now launching a public relations effort aimed at teaching consumers how to buy marketplace coverage. Marketplaces are supposed to […]

The Voice: CEO Edition

According to new research, a lower voice could mean a higher paycheck. The study, from Duke University’s Fuqua School of Business, found that male chief executive officers with a deeper voice tended to manage larger companies, make more money, and be retained longer. “Our research is one of the first attempts to assess whether voice […]

Why Not Stay Interviews Instead of Exit Interviews?

Retention and engagement depend on knowing who might leave and why, says consultant Leigh Branham of Keeping the People, Inc., and one of the keys is the “Stay Interview.” Who should you conduct stay interviews with? Set your priorities by putting your employees into a table like this one, says Branham. Then start with your […]

Small Retirement Plans Lead Adoption of In-plan Lifetime Income Guarantees

If your plan has been considering adding “in-plan guarantees” to the menu of retirement savings options you offer, new research finds an appetite for them among U.S. defined contribution plan participants. Although the actual market for these instruments in the United States is still limited, the guarantees, which give employees an opportunity while still working […]

Call the Cops? ‘Fashion Police’ Comedy Writers Not So Funny on Picket Line

Disgruntled comedy writers for the TV show “Fashion Police” weren’t so funny on the picket line in front of E! headquarters in LA—their chants were X-rated! The comedy writers have filed a complaint with the state against the entertainment network and Joan Rivers’ production company over “unfair labor practices and violations of California wage and […]

Title VII Standard for Retaliation Claims Gets Scaled Back by Supreme Court

Noting that the increasing number of employee retaliation claims in employment discrimination cases calls for the proper interpretation and implementation of statutory language, the U.S. Supreme Court on June 24 issued a 5-4 ruling that will likely make it easier for employers to fend off such claims. In University of Texas Southwestern Medical Center v. […]

Ensure Your Training Program Covers All the Legal Bases

Effective training enables your organization to comply with all legal requirements, thereby avoiding costly lawsuits, audits, and fines. Discrimination Because the affirmative defense for sexual harassment has been extended to other forms of discrimination, it is important to provide more specific and varied training on discrimination. The regulations that apply include: Age Discrimination in Employment […]