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Miscellaneous Legal Issues

As the Table Turns How to Maintain the Upper Hand When Conducting a Workplace Investigation

November 4, 2007
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What happens if the interviewee, be it the complainant, a witness or the accused, turns the table on you, the interviewer, by asking a relatively simple and straightforward question? Don’t allow yourself to appear nervous and unprepared, or worse yet, flustered and confused. Here are five answers to common questions to help you keep your cool.
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Execs View Peers When Deciding Whether to Freeze or Close Pension Funds

October 26, 2007
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Company executives are looking more at each other than their bottom lines when deciding whether to freeze or close a defined benefit plan, a new Wells Fargo & Co. survey finds.
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Sexual Orientation Bill Passes House Committee for First Time

October 19, 2007
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Bill author Rep. Barney Frank, D-Massachusetts, decided to remove the gender identity portion because there was not enough support in the House to pass a broader bill.
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Employers Legal Obligations to Employees in the Military

October 5, 2007
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Hiring citizen soldiers has great benefits, but there are also strict laws governing their treatment that every employer needs to know.
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Yes, You Can Enforce Non-Compete Clauses

October 4, 2007
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California is most notorious for this, but in recent years several states have considered or passed legislation limiting the use of employee noncompetition agreements. Courts in other jurisdictions have cut back on the ways in which such agreements may be used, often in contradictory and confusing decisions. But employers still can use non-compete agreements. Here are some of the lesser-known methods.
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How Your ZIP Code Determines Your Employees Legal Rights

September 25, 2007
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Sometimes, which laws apply to employees and how the laws are interpreted by the courts is more a function of your ZIP code than anything else.
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Broad Definition Creates Potential Pitfalls for Employers

September 20, 2007
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The voluminous Treasury Department regulations issued in April cover nonqualified deferred compensation arrangements and also regulate compensation devices that many employers have not typically considered as deferred compensation. The penalty for noncompliance is a 20 percent additional tax (imposed on the employee) on the amount of deferred compensation, which includes income plus interest. Further, employers may be subject to withholding and reporting tax penalties. Here is what employers need to know.
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Bush’s Attorney General Nominee Ruled in Cash-Balance Plan Case

September 19, 2007
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Judge Michael Mukasey, in a case involving a cash-balance plan offered by PricewaterhouseCoopers, ruled last year that the plan did not discriminate against older employees. The plan, Mukasey ruled, was age neutral ‘because each participant receives the same pay credit and interest credit each year.’
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Morgan Charged Over CareerBuilder Prospecting Methods

September 12, 2007
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Massachusetts securities regulators have charged Morgan Stanley and three employees with illegally cold-calling individual who placed résumés on CareerBuilder.com.
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