Author: Kathryn McGovern

In Rare Post-amendments Ruling, Court Finds Impairment Not a Disability

Being deaf in one ear is not a disability, the U.S. District Court for the Eastern District Court of Pennsylvania ruled in Mengel v. Reading Eagle Co. (No. 11–6151, 2013 WL 1285477 (E.D. Pa. March 29, 2014)). While findings of “no disability” were common before the Americans with Disabilities Act was amended, they have been […]

3rd Circuit Rejects Call to Change $3K COBRA Notice Penalty

In rejecting a qualified beneficiary’s attempt to increase a nearly $3,000 COBRA notice penalty, the 3rd U.S. Circuit Court of Appeals noted that the employer/plan administrator’s efforts to remedy the violation did not warrant any higher award. The court also rejected the individual’s request for the reimbursement of medical expenses and attorney’s fees. But in […]

McCutchen Ruling Gives Reason to Reevaluate ERISA Plan Terms

It is clear based upon the U.S. Supreme Court decision in U.S. Airways v. McCutchen that ERISA health plans should consider modifying their plan provisions to expressly negate the application of the common fund rule in the future. This decision represents a victory and a reminder. The McCutchen ruling (No. 11-1285 (U.S. Ct., April 16, […]

Supreme Court: Individual Settlement Offer Moots FLSA Collective Action Claim

In a 5-4 decision, the U.S. Supreme Court held April 16 that because an employee received an individual settlement offer that fully satisfied her Fair Labor Standard Act claims, her individual and collective action claims could not go forward. The Court said that after her employer made an “Offer of Judgment” for the full amount […]

Employers Wise to Limit Job-related Calls to Employees on FMLA Leave

Employers need to know what distinguishes a professional courtesy — let’s say having an occasional job-related phone discussion with an employee on leave — from crossing the line and interfering with an employee’s rights under the Family and Medical Leave Act. In other words, you as employer need to inform your employees about the parameters […]

Flying High with Safety Training

Last fall, United Airlines’ Detroit Customer Contact Center was named a Star VPP worksite by Michigan OSHA. It was the first Voluntary Protection Program (VPP) certification for United Airlines. Kerry Fischman, senior staff specialist for corporate ground safety, says the strategies to protect office employees are similar to those the airline uses to protect other […]

How One Company Promotes Continuous Learning

“We feel that a well-trained workforce plays a significant role in enabling our business,” said Chuck Schneider, president and CEO of U.S. Security Associates (www.ussecurityassociates.com). “From protecting the people, property, and assets of our customers to management and leadership development, learning is an integral part of our company culture.” “We are very proud of all […]

Don’t Lawyer Up Too Quickly

Yesterday’s Advisor featured SHRM’s top-rated speaker, Attorney Jonathan Segal, who offered the first 10 of his “they won’t tell you, but I will” principles. Today, 11 to 15, plus an introduction to the handy wage and hour guide that helps you solve little problems before they become big and expensive ones. Segal, who is a […]