Layoffs: A 12-Step Program for Getting Through Down(sizing) Times

Many companies have experienced layoffs over the past few years, and the worst of the bad times may be over. Still, as every human resource professional knows, corporate reorganizations, including outsourcing, mergers,... Read more »

Preparing For Roth 401(K) Plan Accounts

Starting in 2006, plan sponsors can allow participants to make after‑tax Roth contributions to 401(k) or 403(b) plans through a qualified Roth contribution program. Roth contributions are available under new Internal Revenue... Read more »

New Regulations On Disposal Of Consumer Report Information

On December 4, 2003, the Fair and Accurate Credit Transactions Act of 2003, Pub L. 108-159, 117 Stat. 1952 (“FACT Act”) was signed into law. The FACT Act amends the Fair Credit Reporting Act (“FCRA”),... Read more »

Trade Secrets: Protecting Trade Secrets When Employees Terminate

One of the most likely times to lose trade secret protection occurs when an employee leaves the company. If there are feelings of resentment, the employee may want to harm the employer by revealing... Read more »

Revised Fair Labor Standards Act Regulations: One Year Later

Last August, the U.S. Department of Labor issued final regulations governing employees who are exempt from the overtime provisions of the Fair Labor Standards Act (“FLSA”). The Department of Labor estimated that the new regulations... Read more »

Employers Face New Risks Including FMLA Claims In Their Releases

The common employer practice of including Family and Medical Leave Act (FMLA) claims in general releases is now in jeopardy after the Fourth Circuit’s recent decision in Taylor v. Progress Energy, No.... Read more »

Disparate Impact and Age Discrimination: Hidden Threat to Employers

Most employers and human resource managers assume that, as long as they do not intend to discriminate against current and potential employees, they will not be liable for claims of discrimination—unfortunately, this... Read more »

BAPCPA Act of 2005 Adds Benefits Provisions

The most heavily publicized provisions of the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (the “Act”), signed into law on April 20, 2005, limited the availability of bankruptcy relief for... Read more »

Alleged Misclassification of Stock Brokers Leads To Large Settlement

A recent announcement that Merrill Lynch has proposed to settle a class action overtime lawsuit on behalf of its stockbrokers for $37 million emphasizes the high stakes that accompany classification decisions. If... Read more »

Blogging in the workplace: Is your company prepared?

An estimated eight million American adults publish their own web logs, or “blogs.” These are online personal diaries in which the authors spout opinions on current affairs, politics, sports, or any number of other subjects,... Read more »