Author: Jennifer S. Frank, Lynn, Jackson, Shultz & Lebrun, P.C.

age discrimination

Was CEO’s ‘New Face’ Comment a Mask for Age Discrimination?

“Peter,” a senior information technology (IT) director of a retail order fulfillment company, was terminated when his position was eliminated in an IT department restructuring. Was the CEO’s statement that the company wanted a “new face” enough for Peter to establish direct evidence of age discrimination?

retirement

IRS Raises Several Annual Retirement Plan Limits for 2018

The Internal Revenue Service (IRS) raised several annual threshold and benefit levels for 2018 when it announced them on October 19. Employers and retirement plan administrators can apply the new rates as they prepare their plans for next year and conduct nondiscrimination testing. Notice 2017-64 outlined the latest changes to cost-of-living adjustments for employee benefit […]

fired

Retaliation—The Marcia Brady of Employment Law

Everywhere employers turn, there’s another retaliation claim being made against them under Title VII of the Civil Rights Act of 1964, the Family and Medical Leave Act (FMLA), or another state or federal statute. Here’s yet another one.

HIPAA

HHS Withdraws Rules for Certifying Compliance with HIPAA Transaction Standards

The U.S. Department of Health and Human Services (HHS) withdrew a proposed rule that would have required health plans, including employer group health plans, to certify compliance with the Health Insurance Portability and Accountability Act (HIPAA) transaction standards or face potentially stiff penalties.

401k

401(k) 101: A Benefit for Employers and Employees Alike

In this article, we’ll look at some of the key benefits 401(k)s provide to both employees and employers, as well as some important practical considerations. Many thanks to Arris Murphy, J.D., Contributing Editor to BLR’s The 401(k) Handbook, from which the material for this piece originated.

farm

New Mexico Onion Farm Pays Fines for Favoring Foreign Hires

Making good on promises from earlier this year, the U.S. Department of Justice (DOJ) has begun cracking down on what it calls discrimination against U.S. workers who are being passed over in favor of temporary foreign workers. The DOJ recently announced a settlement with Carrillo Farm Labor, LLC, a New Mexico onion farm.