Background Checks in California: Compliance with a Whole Different Set of Rules than the Rest of the Country
By Attorney Lester Rosen, Founder & CEO of Employment Screening Resources (ESR)
Archives
At-Will Employment: Employer’s Dream or Toothless Tiger?
The old saying goes that the devil is in the details. When considering the doctrine of at-will employment, it may be more correct to say the answers are in the details. But, that doesn’t mean some of those details aren’t a bit devilish to decipher. HR professionals often struggle with termination decisions. The decision is […]
DOL Proposal Helping Home Companions Would Hurt Seniors, Business, Franchisees Claim
The Labor Department underestimated the cost of its proposal extending minimum wage and overtime protections to in-home caregivers underestimates, according to an industry group representing in-home care franchise owners. If the proposal is implemented as planned, the study concludes, both the quality of care provided to seniors and the financial health of the in-home care […]
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 […]
Wellness Works, But Beware the Legal Landmines
Wellness programs seem like a simple, appealing way to reduce skyrocketing healthcare costs. But be aware that some programs can run afoul of federal and state laws.
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 […]