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9 Flexible-Benefit Guidance Challenges to Watch Out for in 2012

By Rich Glass. The IRS is hitting the ground running. Just a few days into 2012, we received Notice 2012-09, which addresses reporting health care coverage costs on Forms W-2. Following are a nine more things that Glass says we can expect from the federal government this year. Affordable Care Act (ACA), Part I: Health […]

Supreme Court Upholds Religious School Exemption; Employee Not Protected Under ADA

Religious employers are protected from discrimination claims made by their own ministers, the U.S. Supreme Court ruled unanimously Jan. 11. In its first ruling addressing the ministerial exception that is often read into the U.S. Constitution, the Court determined that “there is such a ministerial exception,” and that it bars ministers from bringing employment discrimination […]

Supreme Court Unanimously Upholds Church Firing of Teacher/Minister

In a unanimous decision, the U.S. Supreme Court has upheld a church’s right under the First Amendment to fire an employee who was a minister despite federal antidiscrimination laws. The case, Hosanna-Tabor Evangelical Lutheran Church and School v. Equal Employment Opportunity Commission, marks the first time the Supreme Court has recognized the First Amendment-based ministerial […]

9 Secrets For Coordinating Leave Under the FMLA and ADA

By Peter Susser, Esq. HR professionals may often see the following scenario: An employee is granted FMLA leave to treat a serious health condition that poses long-term restrictions and limitations; 12 weeks pass; the employee fails to return to work; company terminates employee under a “no-fault” absence policy.  The employer granted the full 12 weeks […]

Who is GINA and Why Do I Care If She’s on Facebook?

GINA is, of course, the Genetic Information Nondiscrimination Act, says attorney Peter Lowe, and you do care about GINA and Facebook, because Facebook pages are likely to reveal prohibited genetic information. What is GINA: The Genetic Information Nondiscrimination Act prohibits employers from collecting genetic information or discriminating based on genetic information. Genetic information includes information […]

Interesting COBRA Implications, and Silver Lining, Are in New W-2 Reporting Guidance

New guidance on a group health coverage reporting requirement raises some important issues regarding COBRA coverage and provides a silver lining for employers, who should be able to use their current COBRA premiums to determine the reportable cost of health coverage — making the new burden of this requirement a little easier to bear, according […]

Expired FMLA Forms OK for Now

The calendar now says 2012, but employers may notice that their Family and Medical Leave Act (FMLA) forms from the U.S. Department of Labor (DOL) carry a December 31, 2011, expiration date. What to do? For now, just keep using the old forms. The DOL’s Wage and Hour Division (WHD) has submitted the forms for […]