Intermittent Leave Under Workers’ Comp and Disability Laws?
Neither the workers’ compensation law nor the disability laws contain specific rules for intermittent leave like the family and medical leave laws do.
Author: Jennifer Carsen
Releases for ADEA Claims
In yesterday’s Advisor, attorneys Chris Anderson and Sarah C. Maxwell provided guidance on Early Retirement Incentive Programs (ERIP); today. their tips for employee releases, plus an introduction to the all-in-one site for HR managers, HR.BLR.com. Releases of claims under the Age Discrimination in Employment Act (ADEA) are typically part of ERIPs, but they have to […]
Early Retirement Plans: Win-Win IF You Follow Rules
ERIPs are a win-win, the attorneys say, because: Employers benefit from reducing wages and other costs associated with senior workers, and avoid the negativity associated with a RIF Employees benefit because a portion of that cost savings is passed to retiring workers who can retire earlier than they otherwise might. Anderson, a member of Miller […]
Invalid Releases Mean Employees Keep Money and Still Sue
Releases of claims under the Age Discrimination in Employment Act (ADEA) are typically part of ERIPs, but they have to be carefully drafted and managed say the attorneys. If they are not, employees probably can keep the money and still sue you. Anderson, a member of Miller & Martin PLLC in Nashville, Tennessee, and Maxwell, […]
Curbing Intermittent Leave Abuse in California
For employers, one of the most frustrating aspects of family and medical leaves is guarding against employee abuse of intermittent and reduced-schedule leaves.
Early Retirement Offers: Win-Win IF You Follow Rules
ERIPs (Early Retirement Incentive Plans) achieve a “win-win” for both employer and employees, say attorneys Chris Anderson and Sarah C. Maxwell, but there are legal pitfalls when the rules aren’t followed exactly. ERIPs are a win-win, the attorneys say, because: Employers benefit from reducing wages and other costs associated with senior workers, and avoid the […]
Protect Your Data: Identity Thieves Hit from Where You Least Expect
A 39-month prison sentence was handed down Feb. 1 for an Alabama woman who had pleaded guilty to stealing more than 4,000 patient records from a Birmingham hospital. A federal district court sentenced Chelsea Catherine Stewart to 15 months for wrongfully obtaining individual health information in violation of HIPAA, along with an unrelated bank fraud attempt […]
American Airlines in Bankruptcy Threatens to End $1B in Pensions
When American Airlines and its parent company, AMR Corp., filed for bankruptcy in November, many industry watchdogs dismissed the event as a chance for the airline to restructure and bring down costs. Which is why the developing skirmish between the #3 airline carrier and the Pension Benefit Guaranty Corporation (PBGC) since then has been like […]
IRS Wants to Offer RMD Relief for Longevity Annuity Contracts in 403(b)/457, Other Retirement Plans
Guidance on how longevity annuity contracts purchased under 403(b) and eligible 457 retirement plans — as well as certain other retirement plans — can comply with the required minimum distribution (RMD) rules under Code Section 401(a)(9) was proposed Feb. 3 by the IRS. Code Section 401(a)(9) prescribes rules for a qualified trust under which the […]
EEOC Finalizes Employer Recordkeeping Rules Under GINA
The Equal Employment Opportunity Commission has long required employers subject to Title VII and the Americans With Disabilities Act to retain employment records, and now the same is required for those subject to the Genetic Information Nondiscrimination Act. In final rules released Feb. 3, the commission amended its recordkeeping regulations to include employers covered by […]