An arbitrator has ruled that the U.S. Equal Employment Opportunity Commission’s (EEOC) practice of giving comp time to employees who worked extra hours didn’t meet the requirements of the Fair Labor Standards Act (FLSA). The ruling stems from a 2006 grievance protesting the EEOC’s reclassification of certain investigators and mediators as exempt from overtime under the FLSA.

The arbitrator had issued an earlier, interim decision returning all but one group of employees to non-exempt status. The issue in this decision was whether the EEOC had “suffered and permitted” employees in non-exempt positions to work overtime without offering them a choice between extra pay or comp time.

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The Employers Forum has always been a popular hangout on HRhero.com, but it was time to give it a facelift and incorporate the latest technology. We have upgraded the forum platform to vBulletin, which is used by many Fortune 500 companies. The new platform provides all you forumites with improved security, a better spam filter, and increased agility within the system.

Perhaps one of the best features about the new Employers Forum is we can now respond to user concerns and requests much more quickly.

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After a nine-month undercover investigation into the Department of Labor’s (DOL) ability to enforce and investigate violations of federal minimum wage, overtime, and child labor laws, the Government Accountability Office (GAO) reports serious failures.

The report, which was released March 25, was prompted by a request from the House Education and Labor Committee. The investigation used undercover agents posing as workers making complaints about possible wage and hour violations. The GAO found that the DOL’s Wage and Hour Division (WHD) mishandled nine of the 10 cases investigators reported, according to an account in The New York Times.

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After forming an ad hoc committee called the “Committee for a Level Playing Field for Union Elections,” three U.S. retailer giants announced an alternative to the controversial Employee Free Choice Act (EFCA). Starbucks Corp., Costco Wholesale Corp., and Whole Foods Market, Inc., outlined six principles they believe represent a compromise between business and labor interests. According to Costco CEO Jim Sinegal, “Our proposal is not anti-union, and it’s not anti-business.”

The Employee Free Choice Act, a bill introduced in both houses of Congress on March 10, 2009, contains two particular provisions that have raised an onslaught of contention between the labor and business communities.

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The changing attitudes and expectations of American workers regarding retirement have been measured in Sun Life Financial Inc.’s first “Unretirement Index.” Unretirement is defined as working at least 20 hours per week after reaching the age when one is eligible to receive full social security benefits.

The Unretirement Index measures consumer opinions toward five factors that impact retirement: the economy, personal finance, health, government benefits, and employer benefits. Sun Life’s research shows how attitudes are changing as the median age of Americans rises and more Baby Boomers prepare for decisions such as when to take social security and when to exit the workplace.

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In difficult times such as these, with the economy in disarray and unemployment at a 20-year high, the natural reaction for many is to pull back. We want to do the safe thing. Recessions are a time to make cuts, reduce risk and weather the storm. Whether you’re talking about individuals or organizations, this is the conventional wisdom.

Let me suggest an alternative. This is a time for bold action. When everyone else is pulling back it’s time to step forward and set yourself apart. I think the English writer Charles Caleb Colton captured it well when he wrote, “Times of great calamity and confusion have been productive for the greatest minds. The purest ore is produced from the hottest furnace. The brightest thunderbolt is elicited from the darkest storm.”

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Two important deadlines are approaching for HR. On April 3, employers must start using the new I-9 form. Initially the change was set to happen in February, but the Obama administration delayed it and other unimplemented regulations to allow time for further agency review.

April 1 marks the beginning of the annual race for the H-1B visa lottery. In past years, the USCIS has gotten significantly more requests than it has H-1B visas to allow. Employers who want to apply for the visas must submit their requests on April 1 to have a chance at the lottery.

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Update Dec. 16: House Passes COBRA Subsidy Extension and Expansion

Today, the U.S. Department of Labor (DOL) issued model COBRA continuation coverage notices that reflect the new nine-month, 65 percent subsidy on COBRA premiums. The notices are available online at www.dol.gov/ebsa/COBRAmodelnotice.html.

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Two large and powerful health care labor unions have signed a pact that is expected to provide a shot in the arm for the Employee Free Choice Act (EFCA).

Under the pact announced on March 19, the Service Employees International Union (SEIU) and the California Nurses Association/National Nurses Organizing Committee (CAN/NNOC) will work together to bring union representation to all nonunion registered nurses and other health care employees while stepping up efforts to enact the Employee Free Choice Act. The two groups are the largest unions in the nation representing health care workers and registered nurses, according to a statement from both organizations.

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Sorry for the sports cliché, but it fits. There are a lot of distractions in life — now more than ever.  The recession (I’m surprised someone hasn’t come up with a four letter word for it) has everyone distracted. Admit it, you come to work and you’re distracted. You log on to the Internet to check what the stock market is doing. How far has it fallen already today and it’s not even noon?  You check back two or three more times before that final one late in the day to get the closing number.

What’s the company stock price doing today? Is it up or down? What does that mean for those rumored layoffs, not to mention your pension? You’re worried about your job. You’re worried about your retirement account. You’re worried about making your mortgage payment. You’re just plain ol’ worried. Now you’re not only distracted, you’re despondent. Who has time for work? Based on the financial results being reported daily, nobody does. We’re sitting on our collective hands as the economy and our companies crater.

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