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Category: Research


Research

First Amendment Does Not Extend to Personal Grievances

July 27, 2021

Via: SHRM

The 2nd U.S. Circuit Court of Appeals rejected a First Amendment retaliation claim by an employee who did not demonstrate he was punished for any speech or conduct protected by the First Amendment. The plaintiff was a lieutenant with the […]


Research

IRS Updates Self-Correction Program for Retirement Plans

July 26, 2021

Via: SHRM

The IRS has made important changes to the Employee Plans Compliance Resolution System (EPCRS), which allows employers that sponsor 401(k)-style defined contribution plans or defined benefit pension plans to self-correct plan operational errors. Unless properly corrected, some errors may result […]


Research

Federal Court Upholds Obligations to Follow Employer’s FMLA Notice Procedures

July 21, 2021

Via: SHRM

On June 17, the U.S. District Court for the District of Oregon issued an opinion and order in Munger v. Cascade Steel Rolling Mills, Inc., addressing an employee’s claims under the Family and Medical Leave Act (FMLA) and an analogous […]


Research

Washington State LTC Program Requires Employers to Collect Premiums

July 20, 2021

Via: SHRM

On April 21, Washington State Gov. Jay Inslee signed into law the Long-Term Services and Supports (LTSS) Trust Act, creating the WA Cares Fund and making Washington the first state in the country to adopt a mandatory, public, state-run long-term […]


Research

Pennsylvania Repeals Rule Increasing Exempt Salary Threshold

July 19, 2021

Via: SHRM

As a result of a compromise reached during recent budget negotiations, Pennsylvania repealed an administrative rule that would have substantially increased the salary threshold needed to qualify as an exempt executive, administrative and professional (EAP) employee under the Pennsylvania Minimum […]


Research

4th Circuit: Failure to Cooperate in Investigation Isn’t Protected Activity

July 19, 2021

Via: HR Hero

After two former Drug Enforcement Administration (DEA) employees filed wrongful termination claims, the U.S. 4th Circuit Court of Appeals (which covers North Carolina, South Carolina, and West Virginia employers) recently found their failure to cooperate with the investigation initiated at […]


Research

Remote Sexual Harassment: It’s Happening. Are You Ready?

July 15, 2021

Via: HR Hero

Touches on the shoulder, staring, offensive remarks, and overly personal questions in the break room. Yes, those in-person situations are not with us when we work remotely, but watch out. An evolving workplace environment presents a heightened set of issues. […]


Research

Viewpoint: Which Federal and State Leave Laws Apply to Your Remote Employees?

July 13, 2021

Via: SHRM

The Family and Medical Leave Act (FMLA) was enacted in 1993, way back when fax machines had just begun ruling the world and we were only learning how to send an e-mail to a friend. When the law was passed, […]


Research

COVID-19 Benching: H-1Bs Can’t Sit This One Out

July 12, 2021

Via: HR Hero

The ongoing COVID-19 pandemic continues to complicate how employers approach temporary layoffs and furloughs spawned by lost revenues and reduced demands for their services. As if navigating the employment-based immigration laws weren’t complicated enough, now employers must balance implementing cost-saving […]


Research

Determining Voluntary Termination Under ARPA

July 9, 2021

Via: HR Hero

Under the American Rescue Plan Act (ARPA), if an employee willfully and knowingly disregards company policy, is she not voluntarily terminating her employment? Also, in that same vein, when does misconduct move from violating company policy and arrive at “gross […]