Human Resources

From employment law to compensation and benefits, FMLA and hiring and firing and more, Business Management Daily provides comprehensive Human Resources updates.

Discover how your colleagues – and competitors – are dealing with discrimination and harassment, employment law, benefits programs, and more.

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Plan sponsors may have to invest employees' 401(k) contributions themselves when employees elect to participate in the plan and designate an amount to be withheld, but fail to make investment choices; when employees roll over assets from another employer's plan and likewise fail to give investment direction; when employees are automatically enrolled into the plan; and when the plan changes investment options, but employees fail to make new designations. Normally, fiduciaries are liable if these default investments don't pan out. Final regulations relieve fiduciaries from liability for default investments when certain notice and investment standards are met. Bad news: Two common default investments — stable-value funds and money-market funds — generally don't garner protection from fiduciary liability under the final regs.

Q. We have an exempt employee who is consistently late a few times a week, arriving anywhere from a few minutes to a couple of hours late. Can we discipline him for being consistently late? In addition, can we require him to work at set times—for example from 9 am to 5 pm? ...

The New York workers’ compensation system was set up as a no-fault system to compensate employees injured while working. There’s a powerful presumption under the system that any death that occurs during working hours is covered, at least if there’s an arguable claim that it was work-related. That’s why employees who have fatal heart attacks at work may sometimes be covered ...

Employers and workers’ compensation carriers can sometimes be partially reimbursed for workers’ comp payments if prior injuries contributed to an employee’s inability to work. But applying to the Special Disability Fund requires careful completion of the application forms—the agency that handles such requests is often a stickler for details, and courts usually uphold the agency’s decisions ...

Dancers at Scores, a nationwide chain of strip clubs, have filed a back-wage lawsuit over unpaid overtime, underpaid wages and the club’s practice of skimming 10% of their tips. The lawsuit was filed by a former employee of the chain’s northern New Jersey location, but seeks to represent more than 100 Scores employees ...

Timing is everything, especially when it comes to retaliation. That’s why it’s crucial for supervisors and managers to understand: Once an employee has filed a complaint, don’t suddenly start enforcing rules you let slide before. If you do, the likely result will be a retaliation lawsuit ...

The EEOC is investigating a lawsuit by a former junior trader at SAC Capital Partners, headquartered in Stamford, CT, claiming his boss forced him to take female hormones and then sexually assaulted him ...

Here’s another reason to tell managers and supervisors that any and all sexual harassment must stop: Even if it has been years since an egregious act of sexual harassment, recent subtler incidents can revive the claim. That’s why it is important to stop harassment in its tracks—and then monitor the situation. You can do that by checking back with the accuser on a regular basis ...

Increasingly, courts hearing discrimination cases order employers to turn over e-mails and text messages. These communications may include correspondence employees may have sent or received from clients and customers. One reason is that federal court rules on electronic discovery now require employers to retain vast amounts of information for use in litigation ...

When employees lose their jobs, they naturally wonder why they were chosen. Employees who recently have complained about discrimination—real or imagined—often do more than wonder. They often jump to the conclusion that they have been fired in retaliation for complaining. That conclusion can lead to a lawsuit. Be prepared with solid and rational reasons why you chose the employee who got the ax ...

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