• FLSA: Pennsylvania strip club can’t force stripper to arbitrate

    September 30, 2015 | HR News

    By Gregory J. Wartman A Pennsylvania federal court recently ruled that an arbitration agreement that a strip club forced an exotic dancer to sign was unenforceable because it imposed an involuntary, unknowing loss of collective action and class action rights under the Fair Labor Standards Act (FLSA). Background Jessica Herzfeld began working as an exotic End excerpt

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  • Massachusetts earned sick leave regulations issued

    September 29, 2015 | HR News

    Just before the effective date of the state’s new earned sick time law on July 1, 2015, Massachusetts Attorney General (AG) Maura Healey issued final regulations for the law. The regulations, which differed considerably from proposed regulations, contain some important information for Massachusetts employers: Documentation. An employer may require written documentation for an employee’s use End excerpt

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  • The 4 ‘C’s of employee benefits technology

    September 14, 2015 | HR News

    By Gerry Leonard, President, ADP® Benefits Services Employers currently face a number of challenges, including an evolving compliance landscape, new pressures to rein in costs, and ongoing retention issues emerging from job-hopping millennials. Against this backdrop, health care benefits technology has become an area of increasing importance for employers. Employee Benefit News® research confirms this End excerpt

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  • 10th circuit: Oklahoma employee reveals medical issue at discipline meeting—now what?

    September 14, 2015 | HR News

    By Steven T. Collis You’re all set to discipline an underperforming employee. You sit down for the disciplinary meeting, but just as you start discussing the employee’s performance problems, she reveals she has back and neck pain because of work-related stress. What do you do? This article provides some practical steps you can take to End excerpt

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  • PBGC shifts reporting focus to large plans and sponsors with highest default risk

    September 14, 2015 | HR News

    The Pension Benefit Guaranty Corporation (PBGC) announced new final rules for reportable events, focusing on the minority of plans and sponsors that pose the greatest risk of defaulting on their financial obligations. The new rules provide most plan sponsors with increased flexibility to determine whether a waiver from reporting will apply, in response to comments End excerpt

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  • Virginia Supreme Court addresses lost wages, punitive damages claims

    September 9, 2015 | HR News

    By Bill Ruhling When a former employee claims wrongful termination, a common way he can establish damages is to assert that his future earning capacity was impaired. To adequately assess such a claim, a jury needs to have sufficient evidence to calculate a nonspeculative amount that will provide fair compensation. What type of evidence is End excerpt

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  • Almost 250,000 public comments on proposed overtime rules

    September 9, 2015 | HR News

    By Susan Prince, JD, Legal Editor The public comment period for the Department of Labor’s (DOL) proposed changes to the overtime regulations ended on September 4th, 2015. Almost 250,000 comments were received, which represent the diverse views on the proposed changes—particularly the steep increase to the salary level required for exemption. For more information on End excerpt

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  • Sign up with a click—Union authorization goes digital

    September 9, 2015 | HR News

    By Jasmin Rojas, JD, Legal Editor Attention nonunion employers—quickie union elections probably just got quicker! This is because on September 1, 2015, the National Labor Relations Board (NLRB) General Counsel issued a guidance memorandum explaining that unions can now use electronic signatures to support a showing of interest related to a union election petition. Other End excerpt

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  • Could discharged employee prove age discrimination?

    August 25, 2015 | HR News

    A recent case from the U.S. Court of Appeals for the 5th Circuit—which covers Louisiana, Mississippi, and Texas—dealt with an age discrimination case in which the discharged employee argued that similarly situated younger employees weren’t terminated for similar performance violations. Let’s see how the court analyzed the matter.

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  • New Jersey court applies new sexual harassment defense to race claim

    August 25, 2015 | HR News

    A New Jersey appellate court recently upheld the dismissal of a hostile work environment race discrimination and harassment claim, finding the employer took action to prevent discrimination, properly addressed the employee’s complaint, and prevented further discrimination against him.

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