The Seven Biggest HCM Compliance Issues of 2017

Ceridian

As we wrap up 2017, it is time to reflect on the year’s major compliance issues in the human capital management world. In 2017, many cities passed employee scheduling laws, also called “fair workweek”, “secure”, or “predictable” scheduling rules. As of 2017, five U.S. Throughout 2017, uncertainty clouded an Obama-era U.S. On October 30, 2017, the DOL filed an appeal of the federal court decision striking down the rule.

70 Is the New 65: Is the Retirement Age Increasing?

HRWatchdog

Are older employees financially prepared for retirement? workers ages 60 and older don’t plan to retire until age 70 or older, according to a recent CareerBuilder survey. Another 20 percent don’t know if they will ever be able to retire. Financial reasons typically are the top reason workers are postponing retirement, as older workers try to ensure a sufficient nest egg. CalChamber members can read more about Age discrimination in the HR Library.

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Retiring employees: 8 tips for a smooth transition

Insperity

Many organizations are facing a worrisome situation – retirement looms for a large percentage of their workforce and younger workers aren’t yet ready to fill those shoes. Here are eight tips to help soon-to-be-retiring employees make a smooth exit. Also avoid signaling to senior employees that you want them to leave by asking, “Are you ready to retire?” Consider alternatives to full retirement.

Was Inconsistent Treatment of Asian USPS Worker Discrimination?

HR Daily Advisor

The steady increase in retaliation claims is likely due to a number of factors, including the fact that an employee doesn’t have to prove that she was discriminated against or harassed to proceed, and potentially succeed, on a retaliation claim. However, that changed after she filed a charge of discrimination with the EEOC in May 2011. On May 23, 2011, USPS Captain “Tony” learned that Nancy had filed a charge of discrimination alleging race discrimination. 2017).

Is 45 the New 65? Age Discrimination Affecting More Middle-Aged Workers than Older Workers

HR Daily Advisor

Age discrimination should be avoided at all costs; it’s bad for business and could land your company in a legal battle. However, a new study released by phsy.org reveals that almost a third of Australians surveyed say they’ve faced age-based discrimination as young as 45 years old. According to the study, age-related discrimination traverses all industries in disturbing proportions. HR Strange But True discrimination study survey women

25 HR Compliance Terms to Know for 2018

ClearCompany HRM

Intended to remedy the effects of past discrimination or underutilization of women and minorities. Equal Employment Opportunity Commission (EEOC): This agency is responsible for enforcing federal laws that make it illegal to discriminate against a job applicant or employee because of the person’s race, color, religion, sex (pregnancy, gender identity and sexual orientation), national origin, age, disability or genetic information.

Big No-No: Questioning Employees about Their Retirement Plans

HR Daily Advisor

In all honesty, we would like him to retire because of the toxic attitude. May we ask him about his retirement plans? A No—asking employees about their retirement plans is not a good idea. While South Dakota doesn’t have any state statute prohibiting discrimination on the basis of age, the federal Age Discrimination in Employment Act (ADEA) is certainly alive and well. Under the law, there is no mandatory retirement age.

Are Your Hiring Algorithms Legal? 4 Questions To Ask

SuccessFactors

Machine learning is cresting the fresh wave of 2017 HR trends. links machine learning to the shift HR needs to make from trend forecasts to individual employee predictions, including retirement timeframes. Gartner research predicts algorithms will positively alter the behavior of more than one billion global workers by 2020, while more than 3 million people can look forward to “robo-boss” supervisors.

Job Description Can’t Do the Heavy Lifting in Determining Employee’s Essential Functions

HR Daily Advisor

The 6th Circuit recently overturned a lower court’s dismissal of an employee’s disability and age discrimination claims and sent the case back for trial. As a result, he was placed on a leave of absence and told that he should take his sick leave, use his vacation pay, and apply for short-term disability to bridge the gap until he turned 62, when he could “start drawing Social Security and start getting [his] retirement check.”

it’s taking me too long to write a resume, boss is enforcing his own sexist dress code, and more

Ask a Manager

At the end of last year, our manager and one of my coworkers retired and two new people were hired to replace them. Tell her that what your manager is doing is sex discrimination and that your company would almost definitely put a stop to it if they knew about it. It’s five answers to five questions. Here we go…. Should it take me this long to write a resume? I want to draft the perfect resume, but it keeps taking me longer than expected.

Next up on the EEOC’s radar: age discrimination

Ohio Employer's Law

This year, the Age Discrimination in Employment Act turns 50. Which means the law itself has been protected from age discrimination for a decade (rim shot). According to the EEOC, “The meeting will explore the state of age discrimination in America today and the challenges it poses for the future.”. In my message to Congress in January of this very year, I recommended the Age Discrimination in Employment Act of 1967. age discrimination

Workplace Discrimination: Comparing American and European Workplaces

Eightfold

More than 4 in 10 American workers report feeling discrimination in the workplace. . According to our data, 43 percent of American workers say they have faced discrimination at work. . Workplace discrimination can take many forms.

Disability Discrimination: Terminated Cancer Survivor’s ADA Claim Fails, Part 1

HR Daily Advisor

8th Circuit Court of Appeals (which covers Arkansas, Iowa, Minnesota, Missouri, Nebraska, North Dakota, and South Dakota) recently affirmed a district court’s ruling that an employee failed to establish a case of disability discrimination and retaliation. While she was on leave, Kristy retired and was replaced by “Tiffany.”. Mary performed the review because of Kristy’s retirement. By Steve Jones. The U.S.

Ageism in Tech: A Septuagenarian Speaks Out

Visier

And, even though I am past the average age of retirement , I love my work and am particularly sensitive to the idea that someone could lose the opportunity to work, simply because of their age. I “retired” from full-time work two years ago at 70. A best friend forever now in her early 70s, after years as a school counselor and retiring at 65, set up a marriage and family practice shingle and continues to see 20 clients a week.

Ageism in Tech: A Septuagenarian Speaks Out

Visier

And, even though I am past the average age of retirement , I love my work and am particularly sensitive to the idea that someone could lose the opportunity to work, simply because of their age. I “retired” from full-time work two years ago at 70. A best friend forever now in her early 70s, after years as a school counselor and retiring at 65, set up a marriage and family practice shingle and continues to see 20 clients a week.

Ageism in Tech: A Septuagenarian Speaks Out

Visier

And, even though I am past the average age of retirement , I love my work and am particularly sensitive to the idea that someone could lose the opportunity to work, simply because of their age. I “retired” from full-time work two years ago at 70. A best friend forever now in her early 70s, after years as a school counselor and retiring at 65, set up a marriage and family practice shingle and continues to see 20 clients a week.

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

HR Daily Advisor

Since 401(k) retirement savings plans first appeared in the early 1980s, they have grown rapidly. Recognizing that it was creating a very attractive tax shelter with a significant potential for abuse, Congress attached numerous “strings” to 401(k) plans to ensure that taxpayers would use them for their intended purpose—saving for retirement—and not for other purposes, such as vaca­tions or a child’s college tuition. To allow employees to supplement their future retirement income.

What? Company never filled position, but still wound up in court for age bias

HR Morning

The comment came from Paul Doelle, who was in charge of hiring maintenance employees for Detroit Baptist Manor, a retirement community. Then Branham sued Detroit Baptist Manor, claiming age discrimination. Discrimination & Harassment Employment Law Hiring & Recruiting Special Report age bias discrimination lawsuitAll it takes is one ill-advised comment like this from a manager for an employer to get sued for bias. .

Employees Love Working from Home. But Are They Engaged?

Causecast

We live in an era of increased telecommuting, and employees love it that way. Global Analytics Workplace estimates that roughly 3.7 million employees (2.8% of the workforce) now work from home at least half the time, 50% of the US workforce holds a job that is compatible with at least partial telework and approximately 20-25% of the workforce teleworks at some frequency There are compelling reasons to support remote work arrangements.

The Art of Recycling Retirees and Potential Retirees

ATD Human Capital

This post is the first of a two-part series about the retirement of Baby Boomers and its impact on organizations’ return on investment and productivity. Baby Boomers (born between 1946 and 1964) began retiring in 2011 and will continue into 2030, if not beyond. Life and world events give them a different perspective of retirement than prior generations. Is working a part of retirement? Continuing to work in some fashion is part of the new retirement paradigm.

How to Keep Older Workers Engaged on the Job

HR Daily Advisor

For example, for many years, pensions have been on the decline (only a small minority of employers offer them now—meaning employees have more responsibility to save for their own retirement and may need to stay working longer in order to do so). People are also living longer, which means they need even more savings to fund a longer time in retirement. Train other employees to reduce or eliminate age discrimination.

Ageism in Tech: A Septuagenarian Speaks Out

Visier

And, even though I am past the average age of retirement , I love my work and am particularly sensitive to the idea that someone could lose the opportunity to work, simply because of their age. I “retired” from full-time work two years ago at 70. A best friend forever now in her early 70s, after years as a school counselor and retiring at 65, set up a marriage and family practice shingle and continues to see 20 clients a week.

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Age bias lawsuit: Little white lies about worker’s departure come back to haunt employer

HR Morning

When Wesley Enhanced Living, a retirement community, fired CFO DeWayne McMullin, he filed an age discrimination lawsuit against Wesley. Such a finding may give rise to an inference of discrimination.”. Discrimination & Harassment Employment Law In this week's e-newsletter Latest News & Views age bias lawsuitSometimes employers feel the need to fib a little about why an employee is leaving the company – to avoid damaging morale.

Future Friday: Older workers switching to “anticipatory careers”

OmegaHR Solutions

Older workers eschewing retirement because they want to stay working. If you thought your older workers are going to go silently into retirement you need to be rethinking that. According to writer Richard Eisenberg workers over 50 are going to have multiple options that will keep them in play for many years after what would be the normal retirement age. This will most likely include legal help to fight those organizations still engaging in age discrimination, so beware.

ADA dilemma: Did over-accommodating disabled worker leave company trapped?

HR Morning

This arrangement continued well beyond two years until, after the initial superintendent retired, a new one removed Boyle from the foreman position and assigned him an inventory job. Eventually Boyle took disability retirement and then sued the City under the Rehabilitation Act , a law very similar to the ADA for federal workers and contractors. Discrimination & Harassment Employment Law Special Report ada lawsuits reasonable accommodation

6 top tips for preventing ageism in the workplace

Insperity

The Age Discrimination in Employment Act (ADEA) protects individuals 40 and over from discrimination in any decision made during the full cycle of employment – including everything from hiring, termination, pay, job duties and beyond. Fifty years after its enactment, one in four discrimination claims are still related to ageism, according to the EEOC. Follow these tips to help prevent age discrimination in your organization. Understand the rules of retirement.

Safe Harbor FAQ: What Employers Should Know About 401(k) Compliance Testing

Paychex

If you offer a 401(k) or 403(b) retirement plan, chances are you’ll have questions about plan non-discrimination testing. Take a look at some frequently asked questions about this process

Paychex 66
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#HotInHR: Instagram Post Led To N.F.L. Cheerleader’s Discrimination Case, The Russian Robot That’s Hiring Humans …

Advos

Cheerleader’s Discrimination Case (New York Times). Cheerleader’s Discrimination Case, The Russian Robot That’s Hiring Humans. Discrimination #Recruitment Click To Tweet. Homelessness in Santa Clara County has gotten worse, with the overall homeless population increasing 13 percent to 7,394 in 2017 over the course of two years. Non-Traditional versus Traditional Employee Benefits: Traditional benefits include life, retirement, health, and disability benefits.

How can you transition older workers if you can’t force them to retire?

Ohio Employer's Law

A Michigan oral surgery practice has agreed to pay $47,000 to settle an age discrimination lawsuit filed by the EEOC. The agency alleged that it violated the ADEA by maintaining a policy that required employees to retire at at 65. According to Kenneth Bird, regional attorney for the EEOC’s Indianapolis District Office, “December 2017 marked the 50th anniversary of the ADEA, Five decades later, the EEOC remains committed to vigorously enforcing that all-important law.

7th Circuit: No ADEA Liability for Terminating Retirees Because of Benefit Costs

HR Daily Advisor

7th Circuit Court of Appeals—which covers Illinois, Indiana, and Wisconsin—recently decided an interesting and complex case involving allegations of age discrimination. Retirees who continued to work part-time for an Indiana county argued the county violated the Age Discrimination in Employment Act (ADEA) when it terminated them to save money on health insurance benefits. there was direct evidence of age discrimination. 16-3665 (7th Circuit, July 26, 2017). The U.S.

Recent Sexual Harassment Claims Are Call to Action for Men

HR Daily Advisor

The recent string of incidents regarding sexual harassment and discrimination is disturbing and sad, and it should be embarrassing to all men. We have also seen a female engineer at Tesla come forward with claims of discrimination and harassment against the automaker. The parent company of Jared The Galleria of Jewelry and Kay Jewelers is the subject of a class action suit in which more than 69,000 current or former employees accuse the company of widespread gender discrimination.

4 Tips for Your Compensation Planning from the Banking Industry

HR Daily Advisor

Tip #3: Define and Assess Retirement Preparedness. Benefits for a 35-year-old executive finds compelling are often quite different from those that appeal to someone who is 55 and thinking about retirement. “It’s “This can make a reverse discrimination situation for these executives, where they may actually have to retire on less income, in comparison to others in the organization. Banking is a highly regulated industry.

Employees that steal don’t win discrimination cases, but might win defamation cases

Ohio Employer's Law

Ultimately, he decided to take short-term disability leave, which he intended to role into long-term disability and retirement. Needless to say, Atlantic Health cut short Shann’s retirement plans, and terminated his employment. As a result, Shann lost his disability discrimination, and FMLA interference and retaliation claim. disability discriminationJason Shann worked as the Enterprise Desktop Management Team Leader in the IT department of Atlantic Health System.

A bipartisan — yes, bipartisan — Senate bill would make it easier for employees to prove age bias

The Employer Handbook

Welcome back, Kotter Protecting Older Workers Against Discrimination Act. Always a bridesmaid, but never a bride, the Protecting Older Workers Against Discrimination Act has been considered in both houses of Congress a few times, but never made its way all the way into law. and amend the Age Discrimination in Employment Act of 1967 to specify that age discrimination occurs when one’s age is a motivating factor in an employment decision (i.e., Bipartisan, eh?

T3 – Guideline – Easy 401K for SMBs

The Tim Sackett Project

The platform simplifies retirement saving by making it easy for employees to learn about investment options, manage their portfolio, and monitor performance. The default is all of your employees will join 401K, the hardest step in beginning a retirement plan. – All non-discrimination and safe harbor testing is built right into the technology and will deliver you back recommendations of things you can do to stay compliant. HR Technology Retirement T3