Category: HR Hero Line

HR best practices, employment law tips, news and analysis, Q&As, and lessons learned from the courtroom.

EEOC Offers Employers Guidance on Avoiding Religious Discrimination

by Tony Puckett Recently, the Equal Employment Opportunity Commission (EEOC) issued new guidance on religious discrimination under Title VII of the Civil Rights Act of 1964. It also issued two other sets of materials addressing religious discrimination: “Questions and Answers: Religious Discrimination in the Workplace” and “Best Practices for Eradicating Religious Discrimination in the Workplace.” […]

Telecommuting Might Be the Answer for Workers Who Change Their Retirement Plans

by Mark Schickman Look around your workplace, and you will see baby boomers who are rethinking their retirement plans. They have had their anniversary date in 2010 circled on their calendars for a decade, they have bought their retirement condo, and they have calculated the rate of investment return that allows their retirement fund to […]

Correctly Classifying IT Employees As Exempt or Non-exempt

by Kara Shea I’m often asked to give advice about whether employees are exempt from the overtime requirements of federal law. I have to say that it’s a pretty easy call about 70 percent of the time. But then there’s that troubling 30 percent of jobs that give my clients (and, truth be told, yours […]

How Do I Deal with a Disabled Worker’s Attendance Problems?

Q: We’ve been going through the interactive process with one of our employees (we’ll call him Mike). As a result, we’ve been accommodating him with unpaid leaves for the last year. It’s been tough, and Mike’s supervisors have told me more than once that they need to terminate him and move on. According to them, […]

Nepotism and Its Dangers in the Workplace

Workers who are the most innovative or productive or those who possess visionary leadership are inevitably propelled to the top. That’s the image many of us have of the workplace. In reality, the practice of favoring and promoting relatives or paramours, more commonly known as nepotism, is widely practiced in companies large and small across […]

Retirees Win Right to Sue for Fund Mismanagement

In a major ruling, the First U.S. Circuit Court of Appeals held that employees who retire and receive lump-sum distributions from their company’s defined-contribution plan, such as a 401(k), have the right to sue the administrators of the plan if they don’t believe their moneys were managed wisely. As our population ages and our economy […]

More Workers Protected from Disability Discrimation under ADA Amendments Act

by Burton J. Fishman Fortney & Scott, LLC Last week, while everyone’s attention was focused on a potential meltdown of the U.S. economy and whether or not the first presidential debate would actually take place, a bunch more of your employees were given federal protection against disability discrimination. On September 25, 2008, President George Bush […]

Risks, Benefits of Using Contingent Workers

by Craig Borowski Many employers use contingent workers: independent contractors, leased employees, consultants, and temporary employees. While using an alternative workforce has benefits, it can create legal and practical risks as well. If you use or are considering using contingent workers, here are some benefits and risks to weigh. Audio Conference: Independent Contractor Myths: New […]

HEART Act Provides New Employment Benefits for Military Personnel

President George W. Bush recently signed into law the Heroes Earnings Assistance and Relief Tax (HEART) Act of 2008, which provides the following employee benefit-related advantages to eligible military personnel and their families. Keep up with the latest changes in federal employment laws and regulations with the Federal Employment Law Insider Retirement plan requirements The […]

New DOL Rules Require More Disclosure to Workers with 401(k) Retirement Plans

Forty years ago, very few U.S. employees were personally affected by what happened on Wall Street. Six in 10 Americans were covered by a pension that they could count on regardless of the stock market. Today less than 2 in 10 workers in the private sector have a pension and most workers only option is […]