Day: November 28, 2012

Suspicion of FMLA Abuse Does Not Justify Firing, Says Court

Just when you may have thought the road was clear to an “honest belief” defense that linked employee termination to suspected leave abuse under the Family and Medical Leave Act, a ruling has put the brakes on that notion. A California appellate court has issued a decision against a large auto retailer that should cause […]

Fiduciary Liability Can’t Be Erased in Personal Bankruptcy, Court Finds

A recent Illinois federal bankruptcy court ruling is an important reminder to ERISA plan fiduciaries that violations of fiduciary duties under ERISA can result in personal liability from which Chapter 7 bankruptcy proceedings cannot protect the fiduciary. The case is In re John Dombek III, No. 11-40894 (Bankr. N.D. Ill. Oct. 16, 2012); In re John […]

How to Help Line Managers Do Their (and Your) Job

Yesterday’s Advisor addressed the challenge of managers who won’t manage. Today, what to do about it, plus an introduction to an easy-to-use checklist-based HR audit system. Here are three steps you may take to help your managers manage: 1. Make Responsibilities Clear To start with, of course, you need good, clear policies and procedures. Then […]

Feeling Generous?

Double the Donation, a website with the mission to “help nonprofit organizations and schools increase fund-raising from corporate matching gift and employee volunteer grant programs,” recently featured 10 companies that triple—or even quadruple—employee donations. Here are a few interesting employee matching programs from the list: Time of the year—Tiffany & Co.’s matching gift ratio varies […]

‘Don’t Obfuscate the Obvious’ Say Confused Fed Workers

It seems so simple. You see this one word on those news crawls at the bottom of your TV picture or on websites every time there is inclement weather—“Closed.” But it seems the federal government can’t be so succinct when it wants to tell its employees that their workplace isn’t open. The confusing language used […]

Employment Law Outlook for 2013 and Beyond

Panelists included Susan Webman, Of Counsel with FortneyScott in Washington, DC; John Husband, senior partner with Holland & Hart in the firm’s Denver, Colorado office; Linda Walton, attorney with Perkins Coie LLP in Seattle; and panel moderator Charles Plumb, partner with McAfee & Taft in the firm’s Tulsa, Oklahoma office. Hot Topics: Equal Pay Act […]

How Involved Are Your Managers in Your Training Program?

Dominium (www.dominiumapartments.com), an apartment community management and development firm, introduced Dominium University several years ago, says Tanya Adair, vice president of Human Resources and Administration. In some cases, outside vendors provide training, such as courses on tax credit compliance, Microsoft® Outlook or Excel. However, most classes are led by seasoned Dominium managers, many of whom […]

Who Took My Thanksgiving Leftovers?

Has your Thanksgiving leftovers disappeared from the workplace fridge? If so, you may not be the only one. In a recent Monster poll, workers were asked, “Have you ever ‘borrowed’ someone else’s food from the shared refrigerator at work?” While a majority (82 percent) is innocent, others are frank about their thievery. Twelve percent admitted […]

Fraudulent Disbursement to Ex-Spouse Not a Forfeiture, Court Rules

Plan sponsors and administrators face many issues when making disbursements from retirement plans. A recent court ruling on a payout based on a fraudulent claim should reassure those making distributions that if the distribution was in accordance with the plan terms, an employer may not suffer a penalty. In Foster v. PPG Industries Inc. (No. […]

New year brings changes to New Hampshire employer safety programs

by Jeanine Poole New Hampshire’s requirements for employer safety programs are changing. Passed in June, House Bill 1587 goes into effect on January 1, 2013. The new law provides: Employers with 15 or more employees (formerly 10 or more employees) must have a written safety program filed with the New Hampshire Department of Labor (NHDOL). […]