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401(k) 101: A Benefit for Employers and Employees Alike

HR Daily Advisor

A 401(k) plan offers employees the opportunity to defer a portion of their compensation into individual tax-deferred accounts on a pretax basis, thus avoiding income tax on those “deferred compensa­tion” amounts until the money in their accounts is distributed. Before joining CER in 2005, Ms. designer491 / iStock / Getty Images Plus.

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Are Commissioned California Employees Entitled to Separate Pay for Rest Periods?

HR Daily Advisor

Rest period violations are a source of enormous potential liability for employers, so it’s critical to ensure that you are appropriately compensating employees for their rest periods. Stoneledge paid sales associates under a “Sales Associate Commission Compensation Pay Agreement.” Safeway Stores, Inc.,

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Minnesota Court Recognizes Workers’ Comp Retaliation Suit Filed by Undocumented Worker

HR Daily Advisor

On June 28, 2017, the Minnesota Supreme Court held that an undocumented worker asserted a valid retaliation claim after he was placed on unpaid leave for seeking workers’ compensation benefits. In 2005, Dahlke Trailer Sales hired “Tony” after he presented a false Social Security number. gk-6mt / iStock / Getty Images Plus.

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Flexible Spending Accounts (FSAs): 2 Exceptions to ‘Use-It-or-Lose-It’

HR Daily Advisor

Arrangements outside a cafeteria plan adjusting salary to compensate for health FSA for­feitures may jeopardize the qualification of the FSA under Section 125 because this could be viewed as impermissible risk-shifting. Before joining CER in 2005, Ms. Carsen was a Legal Editor at CCH, Inc.

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2nd Circuit Scrutinizes Worker’s Inconsistent Claims About His Disability

HR Daily Advisor

“Barry,” a Romanian, began working as a maintenance mechanic for Rockbestos-Suprenant Cable Corporation in April 2005. Factual assertions employees make in those filings may be entirely inconsistent with claims they bring under the ADA, the ADEA, Title VII, or the New York State Human Rights Law (NYSHRL). Background.

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Was Inconsistent Treatment of Asian USPS Worker Discrimination?

HR Daily Advisor

The white male workers she cited had been found repeatedly sleeping on the job as far back as the mid-1980s and continued to be caught sleeping from time to time right up until their retirement in 2005 and 2007. The judge ordered the USPS to pay Nancy $223,164 in lost compensation plus $25,000 in emotional distress damages.

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Workers’ Comp: Is Arkansas Employee’s Low-Back Injury Compensable?

HR Daily Advisor

The Arkansas Court of Appeals recently affirmed the Arkansas Workers’ Compensation Commission’s (WCC) award of benefits to an employee who claimed a gradual-onset injury from lifting and stacking wood during her 12-hour shifts over a 5-year period. and an editor of the Arkansas Employment Law Letter. Background.