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Arbitration Of Disputes: Court Upholds Mandatory Arbitration Without Employee’s Signature Or Advance Acknowledgment; Impact On Employers

Following on the heels of a recent California Supreme Court ruling that approved mandatory arbitration agreements for employment disputes, California appellate courts continue to enforce arbitration provisions between employers and employees. In the latest case, a California Court of Appeal required the arbitration of an employment claim even though the employee had never signed an […]

Promises, Promises: IRS Clarifications on Cafeteria Plans, FSAs, HSAs

Benefits administrators can be forgiven if their response to the IRS’ latest plan to issue guidance on cafeteria plans is “Promises, Promises!” Finalizing cafeteria plan regulations is the most far-reaching benefits-related item on the IRS 2011-2012 Priority Guidance Plan. The agency proposed café plan regs in 2007 and has been saying that it will finalize […]

Should You Strive to Know Less About Your Employees?

In yesterday’s Advisor, attorney Joseph L. Beachboard talked about the increasing threat of retaliations lawsuits.  Today, steps you might have to take, plus an introduction to the other great lawsuit preventer, the HR audit. Eric had Standing First, back to Eric from yesterday’s Advisor. The Supreme Court found that Eric, who was fired because of […]

News Notes: High Court Extends Deadline For Some Race Claims

  The U.S. Supreme Court has clarified that employees have four years rather than two to file bias claims under the Civil Rights Act of 1866, 42 U.S.C. Section 1981, which prohibits race bias in employment relationships. The decision makes it easier for employees to file such claims. The case involved a group of African-American […]

News Notes: EEOC Backlog Reduced; Race Bias Charges Most Common

Although the Equal Employment Opportunity Commission (EEOC) has receivedan average of more than 85,000 charges a year since 1992, the agency recentlyannounced it has slashed its pending caseload by nearly half in the lastthree years, partly by offering more mediation-based alternative disputeresolution. Complaints of race discrimination top the list (36% of allcharges filed), followed by […]

HSA Trustees, Enrollees: Keep Upcoming Filing Dates in Mind

Trustees of health savings accounts, as well as participants, have some time left for reporting on 2012 accounts. And now they can begin preparing for 2013 reporting. The IRS has issued a reminder concerning the Form 5498-SA, “HSA, Archer MSA, or Medicare Advantage MSA Information,” for 2012 and 2013. The IRS on March 5 reminded […]

News Notes: More Employers Having Difficulty Administering Family Leave

A new Department of Labor study reveals that employers are generally less positive about the Family and Medical Leave Act than their employees. Although a majority of employers reported that the FMLA is easy to administer, the figure dropped sharply from 85% in 1995 to 63% in 2000. More employers in 2000 than in 1995 […]

Productivity Up, Lawsuits Down–More on Managing RIFs and Realignments

Yesterday’s Advisor  discussed planning for reductions in force (RIFs), selection of people, and communication with employees and managers. Today, more tips on RIFs, and an introduction to the “HR Red Book®,” BLR’s popular HR problem solver. First, more tips from Diana Gregory, senior human resources specialist at the Walnut Creek office of Administaff, a professional […]

DOL Extends Comment Period on Proposed Domestic Caregiver FLSA Exemption

Today the Labor Department extended the comment period for proposed changes to the Fair Labor Standards exemption for domestic caregivers. To date the agency has already received a flood of comments on the proposed regulation which would remove domestic caregivers from the Fair Labor Standards Act’s current exemption from minimum wage and overtime pay. Currently, the FLSA provides […]