Archives

Train Workers to Prevent Falls This Spring

Craig Galecka is a fall protection specialist with LJB, Inc., a facilities and infrastructure design firm in Dayton, Ohio. Galecka is a professional engineer and certified safety professional. He designs conceptual and final fall-hazard solutions for public and private clients. Recent projects include an assessment of 40 Michigan government buildings for roof fall hazards and […]

If Bill Cosby is wearing a garish sweater, this must be 1980s TV!

A few weeks ago, I saw a news story about how the last of the baby boomers are turning 50 in 2014. “Wow, that’s old,” I thought, until I realized that I’m 53. Then, as if I needed any further reminders of my elder statesmanship, one of the legal assistants in our office, a 20-something, […]

NLRB regional director orders union election for Northwestern football players

A regional director of the National Labor Relations Board (NLRB) has ruled that football players at Northwestern University are entitled to a union election because they’re essentially employees of the private university located in Evanston, Illinois. Peter Sung Ohr, Region 13 director of the NLRB, issued an order on March 26 that a union representation […]

DOL Gets a Slap or Two, but Litigation Threats Abound

The DOL has gotten a few “slapdowns” from the courts recently, but while that may make employers feel a little better, wage and hour problems are still a major threat. The agencies—and the attorneys—are looking at most employers, and, sooner or later, they’ll look at you. In her recent presentation at the Advanced Employment Issues […]

ABB Excessive Fees Ruling Affirmed, Fidelity Cleared of Float Interest Charge by 8th Circuit

A series of new decisions in Tussey v. ABB Inc. handed down by the 8th U.S. Circuit Court of Appeals on March 19 brought good news about allegations of excessive fees for all parties—the suing retirement plan participants, the employer plan sponsor and especially the administrator, Fidelity. The ruling did not provide a clear judicial […]

IRS Gives 403(b) Plans More Time to Get Pre-approved, Expands Eligibility

After hearing concerns from the retirement plan industry, the IRS issued modifications on March 25 to its pre-approved program for 403(b) plans, in Revenue Procedure 2014-28. These welcome changes will provide another year — until April 30, 2015 — to apply for the program and will increase the number of entities that can take advantage […]

Are Your Workers Trained to Prevent Falls in Construction This Spring?

The Occupational Safety and Health Administration’s (OSHA) most cited violations list is never much of a surprise; reliably appearing in the top 10 are fall protection, scaffolding, and falls from ladders. Slips, trips, and falls constitute the majority of general industry accidents and cause 15 percent of all accidental deaths, according to OSHA. Falls consistently […]

Results In! Retirement Benefits Survey Says …

Survey results are in for the 2014 Retirement Benefits Survey. Highlights: 86.6% of the employers responding to our 2014 survey offer either a 401(k) or 403(b) retirement savings plan to employees. 60.3% of the employers responding to our survey that offer a 401(k) or 403(b) plan to their employees also provide a matching contribution. 41.4% […]

Accommodating Chronic Conditions—Frustrating and Annoying, But You Have No Choice

What Is a Chronic Condition? What is a “Chronic Condition” for purposes of leaves, accommodations, and performance management? Eyres says that it is a disease or disorder: Of slow progression and long duration; That causes continuous or episodic periods of incapacity; Lasting at least one year but usually a lifetime; and That often involves episodic […]

Misclassification Is ‘Hot’—And Many (Maybe Most) Organizations Are in Violation

Misclassification is “very hot,” says Attorney Dinita James, and the DOL is doing “directed” investigations, that is, visiting places where there hasn’t been a complaint. The agency is also singling out certain industries in its search for companies violating rules governing misclassification of independent contractors. For example, says James, they are looking at electrical contractors. […]