Author: James Proescholdt

Successor Company May Be Liable for Benefits Claim on Predecessor Plan

In this time of corporate restructuring, successor liability in relation to ERISA benefit plans is something to plan carefully in all of its dimensions before complicated, expensive claims take you by surprise. A case involving a top-hat deferred compensation plan — in which a federal court denied a successor employer’s motion to dismiss it from […]

Social Media: An Employer’s FMLA Rant Could Cause Someone to RETALIATE

When it comes to workplace policy on social media, much attention is on the inappropriate actions of lower-level employees. But what happens when the loose cannon is the boss? One recent news article shows that in such cases, it’s best that at a minimum, the boss Find Methods to Limit Analogies. The article in the […]

You Found Compensation ‘Disparities,’ Now What?

It’s important to recognize that you need to be able to document an employee’s compensation history, not just their current salary, says consultant Judith Mickey. Look at the employment lifecycle:  Start rates (identify overqualified applicants) Pay increase documentation Pay decrease documentation Wage freezes, etc.  Mickey, of HR Consultants, Inc., offered her comments at the recent […]

Holidays PTO Survey: Earned Sick Leave Lost

Is earned sick leave lost if not used within a specified period of time?   Response Percent Response Count Yes 49.0% 265 No 51.0% 276 Thanks to all who participated in the survey! If you would like a copy of the detailed results, broken out by organization size, organization type, and geographical region, click here. […]

Holidays PTO Survey: How Sick Leave May Be Used

Sick days may be used by employees to care for (check all that apply):   Dependent Child Parent Other Exempt Employees 418 (92%) 356 (78.4%) 249 (54.8%) Nonexempt Employees 408 (89.9%) 345 (76%) 238 (52.4%)   Previous       Next

Holidays PTO Survey: Service Requirement – One Week Vacation

Service Requirement – One Week Vacation: What is the service requirement in order for an employee to be eligible for 1 week of vacation?   Do not offer Less than 6 months 6 months More than 6 months, but less than a year 1 year More than 1 year Exempt Employees 158 (20.1%) 216 (27.5%) […]

Holidays PTO Survey: Maximum Weeks Jury Duty Pay

Jury Duty: What is the number of paid weeks per year offered for jury duty?   Less that 2 weeks 2-4 weeks 5+ weeks No limit Exempt Employees 269 (33.6%) 127 (15.9%) 9 (1.1%) 386 (48.3%) Nonexempt Employees 266 (33.3%) 123 (15.4%) 9 (1.1%) 376 (47%)   Previous       Next

Fed Agencies Packing in More PPACA Health Reform Rules

When it comes to implementing health reform, the federal government agencies definitely are not taking a summer vacation. Just this week, new rules on communicating health plan information to consumers, health insurance exchanges and premium tax credits have been issued. Here’s a quick list: 1. Communicating health plan information. The U.S. Departments of Labor, Health […]