Blog

A Clearly Written Plan Document Protects the Plan's Administrator from a Fiduciary Breach
April 22, 2019
What happens when employee benefit plan participants are not accurately informed of their rights? Who is liable for an error or a failure to inform a participant or beneficiary about their eligibility for benefits? The best protection for a plan fiduciary is often a clear, well-written current plan document.
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Supreme Court to Decide if Title VII Prohibits Discrimination Based On Sexual Orientation, Transgender Status, and Gender Identity
April 22, 2019
The Supreme Court announced on April 22nd that it will address whether federal civil rights laws protect gay, lesbian, and transgender employees from discrimination.
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Issues to Consider Before Implementing a “Rooney Rule” to Increase Racial Diversity in Employment
April 17, 2019
With recent news of a new Goldman Sachs policy requiring managers to interview two diverse candidates for any open job, there is no question that the “Rooney Rule,” first adopted by the National Football League  in 2003, has reached far beyond the football field.
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Be VERY CLEAR In Your Communications About FMLA!
April 17, 2019
A recent Family and Medical Leave Act case provides a lesson for employers. Curlee v. Lewis Bros. Bakeries Inc. of Tennessee highlights the need for employers to be very careful and very clear in their verbal communications with employees about Family and Medical Leave Act obligations.
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Europe Guide to Employment Issues in M&A Transactions
April 11, 2019
CMS Employment Practice Area Group is pleased to share the 2019 edition of the CMS Guide to Employment Issues in M&A Transactions.
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Ontario: Bill 66 is Now Law – New Rules for Overtime Averaging, Excess Hours
April 5, 2019
The Ontario government has ushered in further employer-friendly amendments to workplace laws with the passing of Bill 66, Restoring Ontario's Competitiveness Act, 2018, which received Royal Assent on April 3, 2019.
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Worklaw® Network Member Kamer Zucker Abbott (Las Vegas, NV) Secures Win Before Nevada Court Of Appeals
April 2, 2019
The Nevada Court of Appeals recently upheld the disqualification of unemployment benefits to a former employee based on misconduct, reversing a state district court decision which had found in favor of the employee.
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The DOL Is On Fire – Proposed Joint Employer Rule Issued
April 1, 2019
An active and activist Department of Labor has issued its third proposed rule in less than a month – this one on joint employer status under the Fair Labor Standards Act.
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DOL Proposes Revisions to Calculation of Regular Rate of Pay
March 29, 2019
The Fair Labor Standards Act requires employers to pay overtime to non-exempt employees for all hours worked over 40 in a workweek, calculated at one and one-half times their regular rate of pay. The Department of Labor has issued a proposed rule that revises the requirements regarding the regular rate of pay in order to better reflect the modern workplace.
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Employees as Volunteers
March 27, 2019
Employer engagement in community and civic matters often leads to questions about whether employee participation is considered job-related and thus compensable.
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Settling the Workers’ Comp Claim, But Ignoring the ADA Charge
March 27, 2019
Due to the EEOC’s low threshold or what is necessary to qualify as a disability, often a workers’ compensation injury may in fact qualify as a disability as defined under the ADA.
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Confused About the EEO-1?
March 27, 2019
Even though the online portal for filing 2018’s EEO-1 report is already open and accepting submissions, the reporting requirements could change. This is what we know so far, including some history of this report.
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