In a case that could have far-reaching consequences for employers and employees alike, the U.S. Supreme Court ruled on Wednesday, February 20, 2008, that the Employee Retirement Income Security Act (ERISA) allows an employee to sue his employer because of a fiduciary breach that resulted in individual losses to his 401(k) plan. James LaRue says […]
The world of human resources is constantly changing. In this topic we present relevant HR related news.
After many years of promising changes to the Family and Medical Leave Act (FMLA) regulations, the U.S. Department of Labor (DOL) last week issued new proposed regulations in an attempt to address some of the most common criticisms employers have about the previously issued final FMLA regulations. (You can view the proposed regulations at www.HRhero.com/fmla_update.pdf.) […]
Update: New FMLA regulations issued by DOL on November 14, 2008 The recently enacted military family leave grants two new types of Family and Medical Leave Act (FMLA) leave to the relatives of military personnel. In short, the law requires employers to provide: 12 weeks of leave to employees who have a spouse, parent, or […]
The National Labor Relations Board (NLRB) has ruled that employers can prohibit employees from using company e-mail to send union-related messages while allowing some personal use of e-mail. In a 3-2 decision dated December 16 but released December 21, the NLRB majority ruled that the e-mail policy of Eugene, Oregon, newspaper The Register-Guard wasn’t a […]
by Peter Panken On June 22, the U.S. Supreme Court decided an employment retaliation case in which it held that any action by an employer against an employee, applicant, or even a former employee constitutes unlawful retaliation if the action would deter a reasonable employee from filing a discrimination charge against an employer. Retaliation cases […]
After several years of employees being required to meet a very high standard to have their cases heard by a jury, that may be changing in the long term. The U.S. Supreme Court recently cautioned federal judges to be careful in the rules of evidence and legal standards for employment discrimination. The Court’s opinion offers […]