Articles by Girish Anand

January 16, 2012

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Wal-Mart Case Illustrates Importance of Employee Handbook Detail and Accuracy

A court case involving Wal-Mart that dates back to 2006 but is still making its way through appeals underscores the importance of the language -- and promises -- made in employee handbooks. A Pennsylvania court awarded some 187,000 current and former Wal-Mart and Sam's Club employees in the state $187.6 million in back wages, liquidated damages and attorneys' fees because the Wal-Mart e...

January 16, 2012

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HHS Cites Trustmark for 'Unreasonable' Health Insurance Premium Increases

Health insurance premium increases in five states have been deemed “unreasonable” by the U.S. Department of Health and Human Services, HHS Secretary Kathleen Sebelius announced recently. After independent expert review, HHS determined that Trustmark Life Insurance Company has proposed unreasonable health insurance premium increases in five states—Alabama, Arizona, Pennsylvania...

January 13, 2012

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NLRB Rules Arbitration Clauses Violate 'Concerted Activity' Rights

In a recent ruling, the National Labor Relations Board (NLRB), fresh with recess appointees who are being legally challenged, held that arbitration clauses in employment agreements violate the National Labor Relations Act (NLRA) in preventing class-action lawsuits (as opposed to individual lawsuits). The decision examined one such agreement used by nationwide homebuilder D.R. Horton, under whic...

January 12, 2012

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EEOC Loses as SCOTUS Endorses Broad Ministerial Exception

The Supreme Court has ruled that the First Amendment shields religious organizations from federal anti-discrimination employment laws and also allows religious groups to define employees as ministers as they see fit. The ruling stems from a case being fought by the Equal Employment Opportunity Commission (EEOC) on behalf of a teacher who was fired from a religious school and who claimed it was ...

January 11, 2012

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EBSA Still Plans to Redefine 'Fiduciary'

The Employee Benefits Security Administration (EBSA) is still hoping to redefine what constitutes a fiduciary and also set limits (or eliminate) compensation for those in different fiduciary advisory capacities. The agency calls the redefinition of fiduciary under the Employee Retirement Income Security Act (ERISA) one of its "most important regulatory projects," which it hopes to con...

January 10, 2012

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DOL Issues Fact Sheets on Retaliation

The Department of Labor’s Wage and Hour Division (WHD) has issued three new fact sheets on unlawful retaliation under the Fair Labor Standards Act (FLSA), Family and Medical Leave Act (FMLA), and the Migrant and Seasonal Agricultural Worker Protection Act (MSPA). Fact Sheet number 77A, Prohibiting Retaliation Under the Fair Labor Standards Act (FLSA), briefly discusses the prohibitio...

January 9, 2012

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EEOC Begins Advertising in Local Media for Grievance Airing

In two recent cases, the Equal Employment Opportunity Commission (EEOC) has run paid advertisements in local newspapers to inform employees of ongoing investigations and asking them to come forth with their grievances. One such case is against the Texas Roadhouse, and the other is against Bass Pro Shops. In the latter case involving alleged employment discrimination, the EEOC is seeking people ...

January 7, 2012

37 view(s)

OSHA Fines Double for Serious Violations

Even though the Occupational Safety and Health Administration (OSHA) top dog thinks they're still too low, fines for serious violations by the agency in 2011 shot up to $2,132 from $1,053 a year earlier, thanks to a legislative tweak that reduced the number of penalty reductions available to employers for factors such as the number of workers, safety records and other considerations. Of the...

January 5, 2012

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Obama Averts NLRB Shutdown, Makes Three Recess Appointments

When member Craig Becker's appointment expired this past Dec. 31, the National Labor Relations Board (NLRB) was reduced to two members and thus, according to a Supreme Court ruling, unable to issue rulings. With the U.S. Senate in recess, President Obama used his powers yesterday to make temporary appointments, securing seats for Sharon Block (Democrat), Terence Flynn (Republican), and Rich...

January 4, 2012

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DOL's FMLA Forms Expired on Dec. 31 But Can Still Be Used

According to the provisions of the Paperwork Reduction Act of 1995, the Office of Management and Budget (OMB) must approve all federal government forms and assign them expiration dates. Thus the Family and Medical Leave Act (FMLA) forms issued by the Department of Labor (DOL) in 2008 (when new regulations were issued) on Dec. 31, 2011, met their three-year duty date on and have expired. The DOL...

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About author

Girish Anand

Recent Articles

Practical articles on HR, Safety, compliance, and people operations—written for real businesses, not legal textbooks.

U.S. Department of Labor Officially Restores Prior Overtime Exemption Rules

On May 14th, 2026, the Wage and Hour Division (WHD) of the U.S. Department of Labor (DOL) announced it has officially rescinded the 2024 overtime exemption rules. Specifically, the WHD published a technical amendment to restore previous 2019 regulations that dictated overtime exemptions for...

NLRB General Counsel Takes Action to Tackle Current Case Backlog

On May 6th, the National Labor Relations Board (NLRB) and NLRB General Counsel Crystal Stowe Carey announced the bulk transfer of thousands of labor practice cases. Specifically, this action fulfills an initiative signed by the NLRB General Counsel earlier this year. Overall, the initiative...

Privacy Agency Invites Comments from Businesses on the CCPA’s Usage of Personal Data

Recently, the California Privacy Protection Agency (CPPA) issued a call for comments on the current state of personal data collection under the California Consumer Privacy Act (CCPA). Specifically, the invitation to deliver remarks was issued on April 20th, 2026. The information provided by the...

DOL Proposes New Joint Employer Rule To Unify Standards Under Federal Labor Laws

In April 2026, the U.S. Department of Labor issued a proposed rule to establish a single, clear standard for determining when joint-employer status applies under three major federal laws: the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), and the Migrant and Seasonal...

DOL Updates Enforcement Approach for Employee Benefit Plans: What Employers Should Know

The U.S. Department of Labor (DOL) recently announced a significant change in its enforcement of employee benefit plan rules. The DOL will now focus more closely on serious violations that harm workers and retirees, meaning compliant employers may face less scrutiny under the updated approach.

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Articles by Girish Anand