Administering a 401(k) plan is a team effort, requiring the expertise of HR staff, the plan’s recordkeeper, and an ERISA attorney. When a company that sponsors a 401(k) or other retirement plan sells the business, a call early in the
All Things HR
All Things HR, published by Dickinson Wright, focuses on labor and employment law topics relevant to human resources professionals and employers. The blog covers issues such as employer liability for harassment, negligent hiring and training, employee rights and workplace policies, state-specific employment law updates, and regulatory compliance. It addresses practical legal challenges faced by employers, including handling third-party harassment, background checks, non-compete agreements, employee personnel file access, and evolving state legislation affecting employment practices. The content is aimed at helping employers navigate legal risks and implement compliant HR policies across various jurisdictions.
Latest from All Things HR - Page 6
Federal Court Blocks Enforcement of Some ACA Preventive Health Service Requirements: What Plan Sponsors Should Consider
By Eric Gregory
In a March 2023 ruling, a Texas federal district court vacated all actions taken by the Departments of Labor (“DOL”), Health and Human Services (“HHS”), and Treasury (collectively, the “Departments”) to implement or enforce certain preventive care requirements under the…
Employment Law Reminder for Educational Entities — Consider Special Rules Within FMLA, FLSA, and Title IX
While employers at most educational entities, such as K-12 schools, must follow applicable federal employment laws, there are unique provisions within those employment laws and other regulations that these employers must keep in mind.
Of course, many schools have collective…
Layoffs Require Careful Planning to Avoid Costly Lawsuits
Current economic circumstances suggest that layoffs are coming. Indeed, in late March, Disney’s CEO, Bob Iger, announced the company’s plans to terminate more than 7,000 employees in the coming weeks, and Disney is not alone.[1]
If companies and HR…
End of the COVID-19 Emergency – Impact on Employee Benefit Plans
By Cyndi Moore
On March 29, 2023, the Departments of Labor (“DOL”), Health and Human Services (“HHS”), and Treasury (the “Departments”) published FAQs Part 58 on the Families First Coronavirus Response Act (“FFCRA”), the Coronavirus Aid, Relief and Economic Security Act (the “CARES…
NLRB’s Combination McLaren Decision and GC Memo KO’s Severance (and Other) Agreements
By Sara Jodka
In the McLaren Macomb opinion issued last month, 372 NLRB No. 58 (2023), the National Labor Relations Board (“NLRB”) landed a healthy punch chipping away at what had previously been considered standard severance provisions in employment contracts because they substantially…
Gantt V. Harris County: How Death Does Not Dismiss a TCHRA Case under the Texas Survivorship Statute
The Texas Commission on Human Rights Act (“TCHRA”) was enacted to “provide for the execution of the policies of Title VII of the Civil Rights Act of 1964 and its subsequent amendments.” Tex. Lab. Code § 21.001. Accordingly, it is…
Michigan’s Earned Sick Time Act Is Out…At Least For Now
The wait is over – Michigan employers (and employment lawyers) now know that the Earned Sick Time Act and Improved Workforce Opportunity Wage Act, as originally proposed, will NOT go into effect on February 20, 2023.
In an opinion issued January…
Federal Trade Commission Proposes Rule to Ban Non-Compete Clauses
On January 5, 2023, the Federal Trade Commission (“FTC”) issued a notice of proposed rulemaking (“NPRM”) to ban the use of non-compete clauses with all workers. Although not yet enforceable, the proposed rule marks a dramatic departure from the current…
Why the “Speak Out Act” is More Like a Whisper
By Sara Jodka
On December 7, 2022, Congress passed the “Speak Out Act” (the “Act”), which codified into federal law limits on what types of information employers are allowed to include in nondisclosure or non-disparagement clauses. Specifically, under the Act, employers…