Day: November 29, 2012

Just how safe is your handbook’s at-will employment statement?

by Tammy Binford It’s hard to think of anything more sacred to employers than the doctrine of employment at will. Employers have long been advised to make sure their employees are aware of their at-will status, meaning that unless employees have an employment contract, they can be terminated for good reason, bad reason, or no […]

Insights from a CEO: How HR can get “a seat at the table”

HR has been working for “a seat at the table” for decades, yet that goal remains elusive. Just being the department in charge of what’s often touted as a company’s most valuable resource – its people – isn’t enough on its own. Despite lofty talk, HR often is still seen as the personnel department, a […]

The FLSA and holiday pay for temporary employees

by Craig Olivo Q: We recently hired a temporary employee for a position that is classified as exempt under the Fair Labor Standards Act (FLSA). With the holidays quickly approaching, will we be required to pay the temporary employee for the holidays observed by our company? A: The FLSA doesn’t require payment for time that […]

In McCutchen, Supreme Court Faces Thorny Decision on ERISA Recovery Rights

A victory by the health plan participant in US Airways v. McCutchen, now before the U.S. Supreme Court, may erode ERISA plans’ ability to enforce plan terms as written, a legal expert tells the blog. In McCutchen, the Court has a very difficult balancing act to answer whether: (1) an ERISA health plan administrator is entitled […]

EEOC’s Confidentiality Requirements Are Too Strict, Court Says

Federal guidance on the Americans with Disabilities Act states that all employee medical information must be kept confidential, but that goes above and beyond what the statute requires, the 7th U.S. Circuit Court of Appeals ruled Nov. 20. Despite what the U.S. Equal Employment Opportunity Commission says, ADA protects only information obtained in response to […]

Hang on Loosely … Or You’re Gonna Lose Control

Being a good manager is a delicate balancing act, says business and leadership blogger Dan Oswald. You have certain responsibilities, and the buck often stops with you. Assigning tasks, monitoring progress, and measuring results come with the territory. Oswald, CEO of BLR, offered his thoughts on “loose” control in a recent edition of The Oswald […]

FLSA Hot Topics—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 Topic: Fallout of Christopher […]

How One Company Trains Its Managers

Dominium (www.dominiumapartments.com), an apartment community management and development firm, has been running Dominion University for several years. A key program offered through Dominium University is Community Manager Continuing Education, which is similar to the orientation course, but geared toward upper-level, advanced supervisors as a refresher course, she says. Dominium University also features other classes that […]

Supreme Court ruling bolsters use of mandatory arbitration

by Charles S. Plumb Employers requiring employees to submit disputes to mandatory arbitration rather than filing a lawsuit got a boost from a November 26 U.S. Supreme Court ruling in an Oklahoma case. In the case, two employees of Nitro-Lift, a provider of services to oil and gas well operators, left their jobs to work […]