What's New on HR.BLR.com
HR.BLR.com's What's New page is where you will find all of the most recent content added and updated to the site in the last 14 days. See the latest news, updated topic analysis, training sessions, and more.
HR Regulatory Analysis
We are continually updating our state and national regulatory analysis to help you keep up with the changing regulations. See the updated section on the What's New page, below, to find all of the updated topics.
New Documents
  • HR Guidance:
    The Fair Credit Reporting Act (FCRA) promotes the accuracy, fairness, and privacy of information in the files of consumer reporting agencies. There are many types of consumer reporting agencies, including credit bureaus and specialty agencies. Here is a summary of your major rights under the FCRA.
  • HR News:
    By Sean Hanft, Flexible Compensation Specialist, FSAstore.com
    Financial wellness is becoming an increasingly important component of employee benefits packages and a common topic of conversation for human resources professionals nationwide. And with good reason!
  • By Jeffrey Slanker, Sniffen & Spellman, P.A.
    The U.S. 11th Circuit Court of Appeals—which covers Alabama, Florida, and Georgia—recently released an opinion that happens to provide a pretty good overview of the big changes afoot with respect to how the National Labor Relations Act (NLRA) is interpreted.
  • By Brendan N. Gooley
    We've talked a lot over the past year about the effects of the #MeToo movement on employers and employment discrimination laws. One effect is that employees are coming forward to report alleged misconduct that occurred years earlier. The good news for employers is that many such claims are untimely and barred.
  • By Beth Kahn and Veenita D. Raj, Clark Hill LLP
    A former employee of the Shasta County Sheriff's Office argued that the county couldn't assert the defense that her claim was untimely because it didn't raise that defense when she first submitted her claim form. The county argued that it was entitled to rely on the untimeliness defense because the employee falsely represented that her claim was timely.
  • By Jane Meacham, Contributing Editor
    The Internal Revenue Service (IRS) released a private letter ruling (PLR) on August 17 that appeared to give the go-ahead to an employer-sponsored student loan repayment benefit offered through the company’s 401(k) plan.
  • By Steve Jones
    As a recent appellate decision demonstrates, the scope of protection afforded to servicemembers and veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA) is broad. Employers should err on the side of caution when dealing with employees returning from any military service, no matter how limited or how brief their tour of duty or training.
  • By Arris Reddick Murphy
    The U.S. Department of Labor (DOL)’s guidance for locating missing participants in the event of a plan termination has become more widely accepted for finding such participants in a variety of scenarios. But the guidance does not clearly state at what point the retirement plan fiduciary has met its obligation to track down missing participants who are due a benefit.

  • By Jodi R. Bohr
    The Americans with Disabilities Act (ADA) defines "disability" as a physical or mental impairment that substantially limits one or more major life activities of an individual. The ADA Amendments Act of 2008 (ADAAA) clarified that the ADA's definition of disability is to be construed in favor of broad coverage to protect the individuals asserting claims under the ADA. A decade after the ADAAA, employers still find themselves struggling with just what a disability is, who a qualified individual is, and when an employer must engage in the interactive process with the employee.
  • By Kristal Leonard and Elizabeth P. Hodes
    What's an employer to do when an employee reports to his supervisor that he's having unwelcome thoughts of harming himself and others? For starters, you should adopt policies to prohibit threats of workplace violence. But can you terminate an employee for violating your policy even if the threats resulted from a mental disability? This is the situation that was presented to the North Slope Borough Department of Public Works in 2015.
  • By Tammy Binford, Contributing Editor
    The National Labor Relations Board (NLRB) is on track to settle once and for all the question of what constitutes joint employment, and the standard being pursued is seen as a win for employers that use a franchise business model as well as those using temporary staffing agencies.
  • By Al Vreeland
    In most cases, we view a change in management as an opportunity to correct old mistakes. If a departing manager was lax with discipline or generous with performance evaluations, a change allows the opportunity to reassess employee expectations and impose higher standards. This "new sheriff in town" approach only works, however, if the new manager does her own independent assessment of the employees she inherits. When she doesn't, the contrary opinions of the old guard can undercut the new order. And it's even worse when the new manager expresses preconceived opinions about her new charges.
  • By Jane Meacham, Contributing Editor
    Approximately 30% of U.S. defined benefit (DB) pension plans currently have a funded status of 95% or higher, making a full buyout or significant risk transfer transaction a “feasible option” for a growing number of plans since the start of the year, according to a recent analysis by RiskFirst, a financial technology company that works with pensions and professional investors.
  • By Aneet Kaur
    Employers experiencing high turnover because of tardy or no-show employees can breathe a sigh of relief—at least when it comes to unemployment compensation benefits. The Wisconsin Supreme Court recently unanimously held that an employer’s own written policy about attendance can dictate what would be considered “misconduct” for purposes of unemployment compensation benefits. As a result, it’s time to dust off any outdated employee handbooks to ensure you’ve clearly stated your absenteeism policies and that all employees have acknowledged receiving them
  • By Eric Conn
    Employers have through September 28 to submit comments on the Occupational Safety and Health Administration’s (OSHA) proposal to amend its controversial Obama-era e-recordkeeping rule.
  • By Sabrina Parsons, CEO of Palo Alto Software

    Corporate social responsibility (CSR) became a popular discussion topic over the last decade. According to The United Nations Industrial Development Organization (UNIDO), CSR is a “management concept in which companies integrate social and environmental concerns in their business operations and interactions with their stakeholders.” This list of stakeholders can range from consumers to investors, and CSR practices are a must for every jobseeker.

  • By Bruce Cross
    Under the Americans with Disabilities Act (ADA), when an employer is on notice that an employee needs a reasonable accommodation to perform the essential functions of his job, the employer is required to engage in a good-faith "interactive process" with the employee to see if it can make a reasonable accommodation that would allow him to continue working. The question presented in a recent case before the U.S. 9th Circuit Court of Appeals is, what are the consequences of failing to engage in that process?
  • By Tammy Binford, Contributing Editor
    Nondisclosure agreements (NDAs)–once routine and little thought about–have come under a bright spotlight in recent months.
  • When an employee is terminated from employment and loses group health plan coverage (subject to the Consolidated Omnibus Budget Reconciliation Act (COBRA)), plan administrators and third-party administrators (TPAs) should ensure that all affected qualified beneficiaries are provided, in a timely fashion, COBRA election notices.
  • by William E. Hammel
    Countless formal and informal studies show that most employees retain at least some company data when they leave a job. The reasons vary from the benign (such as when an employee inadvertently keeps a work flash drive) to the more malicious (such as in the case of an employee's deliberate theft of company trade secrets for use at a new job). Motivation matters only so much, though, because even the innocent retention of data can have far-reaching consequences.
Updated Documents
 HR Strange But True
CT-WEB06
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