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What to Expect When Health Plans Have to Cover the ‘Essentials’

Health reform has been strongly urging plans to cover the essential health benefits (EHB) package, and that means there will have to be coverage in 10 categories of health benefits. The Centers for Medicare and Medicaid Services (CMS) gave examples of what to expect under the state-based approach to defining EHB by giving examples and […]

OFCCP: Detailed Compensation Analysis in Virtually Every Audit

OFCCP’s audits are getting tougher, says attorney Susan Fahey Desmond, including more in-depth evaluations, more focus on proactive steps to reach goals, and detailed compensation audits in virtually every recent audit. Remember, says Desmond, who is a partner in the New Orleans office of national employment law firm Jackson Lewis, OFCCP (Office of Federal Contract […]

Individual Mandate Repeal May Result in Millions Fewer Insured but No Major Premium Hike, RAND finds

Repealing the individual mandate would result in 12 million fewer adults with health insurance in 2014, but would bump up premiums for coverage only by 2.4 percent, researchers at the RAND Corporation say. No Death Spiral … Health insurance premiums would only be 2.4 percent higher than they would be with an individual mandate and […]

SCOTUS to Review Affirmative Action, OFCCP Wants Disability ‘Goals

Supreme Court Review While the case the Supreme Court will hear involves public colleges and universities, the ruling could eventually impact other courts’ decisions on affirmative action programs outside of higher education, notes BLR Legal Editor Susan Schoenfeld. In 2003, the Supreme Court ruled in Grutter v. Bollinger that public colleges and universities could not […]

IRS to Hold Public Hearings on Governmental Plan Updates

The IRS and the Department of Treasury is still seeking public input on future standards to determine whether a retirement plan is a governmental plan under Code Section 414(d). According to the IRS, more guidance is needed for Section 414(d), as the statutory rules for governmental plans differ from those for nongovernmental plans. Further, changes […]

Can We Use the ‘Faltering Company’ Exception for Layoffs?

Normally, the Worker Adjustment and Retraining Notification Act (WARN Act) requires 60 days advance notice of a layoff, but there are several exceptions, including the “Faltering Company” exception. Well, we’re faltering, you may think, so we don’t have to worry about WARN, but it’s not as simple as that. Exceptions to the WARN Act Notice […]

Federal Defense of Marriage Act Found Unconstitutional … Again

Employers with employees who seek coverage under their benefit plans for their same-sex spouses would be justified in wondering exactly what they should do under federal law. The federal Defense of Marriage Act (DOMA) is still in force, but the Obama administration will not enforce or defend it. And now another court has found it […]

Steps to Reduce Conflict, Prevent Violence in the Workplace

Violence in the workplace is one of several concerns when you have conflict between employees. HR professionals need to take complaints and investigations seriously to ensure that situations don’t escalate, and they also need to be sure that safety and other legal obligations are being met. In a BLR webinar titled “Workplace Conflict Resolution: Peacekeeping […]