Feature of the Month

Maintaining accurate and well-organized records is of vital importance to the success of any organization. A comprehensive records management program affects the ease with which companies do business, may result in cost savings, and is necessary to comply with applicable law. It is also a best practice for minimizing litigation risks and preserving information critical to the company’s defense if a charge of discrimination is filed or an agency audit commences. In this month’s Featured Service, HEC provides several resources, including an updated Checklist for Maintaining Employee Files and Record Retention Requirements and an HR Practices Review Tool, for members to use in reviewing their record retention practices.

HEC to offer Oahu Training on “ACA Changes – Preparing for 2014” on May 31

KamidaLauClarkAndrews Coral Andrews, Executive Director of the Hawaii Health Connector, will join HEC President Clayton Kamida and General Counsel Sheri-Ann Lau Clark to present a half-day session describing Affordable Care Act changes and what employers need to do to prepare for 2014. Read more

Department of Defense announces Civilian Furloughs of up to Eleven Days in 2013

Citing money shortfalls resulting from sequestration, Secretary of Defense Chuck Hagel announced last week that most Department of Defense civilian employees will be subject to up to eleven furlough days this year. Read more

No Violation of ADA where Employer required Employee to Undergo Fitness-for-Duty Evaluation based on a Threatening Comment, according to Eleventh Circuit

The United States Court of Appeals for the Eleventh Circuit recently held that an employer was entitled to require a fitness-for-duty examination after a Quality Assurance Specialist banged his hands on a table and said that someone “was going to pay for this” during a meeting with a manager. Read more

DC Circuit holds Trial Proper on ADEA Claim based on Termination as part of a Corporate Reorganization

Older Worker The United States Court of Appeals for the District of Columbia recently held that a 57 year old employee is entitled to trial on an age discrimination claim stemming from her separation during a corporate restructuring. Read more

$50,000 Settlement to Employee on Claim brought under the Genetic Information Nondiscrimination Act

The United States Equal Employment Opportunity Commission recently announced that a decorative fabrics distributor would pay $50,000 and furnish other relief to settle a disability and genetic information discrimination lawsuit. Read more

Deloitte Survey shows most HR Professionals are planning to replace HRIS System

Computers As we move out of the recession, employers are evaluating the need to upgrade outdated HR Information Systems, and focusing attention on integrated talent management suites that enable better analytics and more effective decision-making. Read more

Ceridian explains COBRA’s Continued Relevance in the Era of PPACA

Since 1986, the Consolidated Omnibus Budget Reconciliation Act (COBRA) has been a federally-mandated law requiring employers with 20 or more employees who sponsor a qualified group health plan to provide temporary continuation of coverage to employees who might otherwise lose coverage due to a qualifying event. Read more

DOL issues Guidance on Employer Notices of Health Exchanges

On May 8, 2013, the federal Department of Labor ("DOL") issued technical guidance to employers on required notices to employees of the existence of health exchanges (now called the "Health Insurance Marketplace") under the Affordable Care Act. Read more

"What you need to know about FLSA Exemptions” Training at HEC on June 20

TGerrard KKawai Exempt or non-exempt? That is the question! Wage and hour claims continue to plague employers, who risk financial penalties due improper classification of workers and failure to pay non-exempt employees for all hours worked. Read more

HEC to offer Complimentary Legislative Update on June 21

RSanada LKalapa The 2013 legislative session has ended, and while most of the controversial employment-related bills failed to pass this year, there are still some changes of which employers should be aware. Read more

OSHA to focus on Protecting Temporary Worker Safety

Worker Safety Sign Citing recent cases of temporary worker fatalities, the Occupational Health and Safety Administration has announced a new enforcement, outreach, and training initiative aimed at protecting these workers from workplace hazards. Read more

IRS issues 2014 Inflation-Adjusted HSA Amounts

The Internal Revenue Service has announced that for calendar year 2014, the annual limitation on deductions for high deductible health plans is $3,300 for an individual plan and $6,550 for a family plan. Read more

DC Appeals Court holds that NLRB Poster Rule is Invalid

Bulletin Board On May 7, the United States Court of Appeals for the District of Columbia voided a NLRB rule requiring employers to display a “Notification of Employee Rights under the National Labor Relations Act” poster on company bulletin boards and intranets. Read more

Employee cannot proceed on USERRA Claim filed more than Four Years after Accrual, according to Fourth Circuit

The United States Court of Appeals for the Fourth Circuit recently held that an employee could not proceed on a USERRA Claim were he failed to file suit within four years of the time that the claim accrued. Read more

EEOC obtains $240 Million for Disabled Employees at Turkey Processing Facility

On May 1, an Iowa federal jury awarded a class of 32 men with intellectual disabilities with individual punitive damage awards of $2 million and compensatory damage awards of $5.5 million for a total of $240 million. Read more