As an HR pro, you’ve probably heard about the significant responsibilities that come with acting as fiduciary for a benefits plan. According to the DOL, fiduciaries must: Run the plan solely in the interest of participants and beneficiaries…
Employment Law
One of the reasons an application for unemployment benefits can be denied is that the employee engaged in job-related misconduct. But what exactly constitutes “misconduct” that is severe enough to result in disqualification? In a recent case, Idaho’s highest court…
As you may have heard, focusing on employees’ mental health and well-being is expected to be one of the biggest workforce trends in 2024. That’s good advice because getting tripped up by mental health stereotypes can be an expensive mistake.…
What’s a valid accommodation request under the ADA or similar law? This case shows that the answer might not be as simple as you think. In the case, an employee’s lawyer sent a letter to his employer titled “Accommodations Requests.”…
On January 1st, provisions to the SECURE Act 2.0, part of the 2023 omnibus spending bill, went into effect – and it may affect your benefits package. The SECURE Act 2.0 – which is built off the Setting Every Community…
To prove unlawful retaliation, three critical requirements must be met. And when any one of them is missing, the retaliation claim cannot succeed. First, the employee must have engaged in what is called protected activity. Second, they must show their…
In today's increasingly diverse workplaces, avoiding harassment and bias is more important than ever. Former employment lawyer Janine Yancey, the founder and CEO of Emtrain, a company that provides training and resources on harassment and bias prevention, issued this warning…
Terminating employees is never easy, but it’s part of the job for HR. It’s helpful to follow a termination checklist to avoid communication mistakes that can cause legal headaches. Case in point: A manager in Missouri sent a text suggesting…
Regardless of how companies or managers may feel about the topic, cannabis (including recreational and medical marijuana, and any product containing THC) is becoming ubiquitous – and is approaching a $30 billion per year industry. Marijuana is “legal” for adults…
Administering leave in cases involving disability is one of the more challenging issues that HR pros face. And when employees go on leave without giving their employer a clue as to when they will be back, things become particularly difficult.…
Is mandatory retirement ever allowed? Or does it always violate laws banning age discrimination? The short answer: Federal law generally bans such policies, but in very limited circumstances they are permissible. Bottom line: Think long and hard before implementing such…
Earlier this year, we told you that income-related equality was going to be one of the top employment law issues of 2023. Now, as the year winds to a close, a new eight-figure equal pay settlement shows just how expensive…
When it comes to laws that require HR pros to put on their thinking caps and really think things through, the federal Family and Medical Leave Act is near the top of the list. From eligibility issues to how to…
As a busy HR professional, you know that compliance is more than a buzzword – it’s a necessity. That’s why we’ve developed a new resource for our readers. Enter the HR Compliance Calendar – your secret weapon for staying ahead…
When do employers’ ADA obligations kick in? Do compliance requirements start as soon as employees get to work? Or do they begin during the commute -- before workers even arrive at the job site? A newly filed lawsuit puts the…
Since its establishment on July 2, 1965, the Equal Employment Opportunity Commission (EEOC) has been committed to its mission of eradicating workplace discrimination, both on an individual and systemic level. However, the EEOC's recently unveiled 2022-2026 strategic plan highlights a…
