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.

A federal judge has approved a settlement by Wall Street financial services firm Morgan Stanley to end a sex discrimination suit. A class of 3,000 current and former female employees of the firm will share $46 million ...

Rossman Fruit and Vegetable, a Brooklyn discount greengrocer, agreed to pay $675,000 in back wages to 222 employees to settle a U.S. Labor Department lawsuit. The settlement covers payments below minimum wage and unpaid time-and-a-half for overtime hours from 2001 to 2005 ...

Q. We’re a small company with about 45 employees, but we have another 20 employees who are temporary. Do we have to count the temps when complying with the EEO or other employment laws? ...

Q. We have several supervisors who insist on keeping their own private files on employees in their departments, especially to record absences and comp days. Is this legal? ...

Q. We have a number of employees who are paid on a commission basis. Are they exempt from overtime under the federal Fair Labor Standards Act? ...

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 ...

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