Category: Benefits and Compensation

This topic provides guidance on how to handle compensation issues in a way that attracts and retains the best talent and advances the strategic goals of your business. You get news and tips on what’s going on nationally and in the states, and updates on changes in regulations, possible governmental action, and emerging compensation trends.

termination

COBRA: Gross Misconduct Determinations Aren’t Always a Piece of Cake

A recent court opinion from the 9th Circuit U.S. Court of Appeals—which covers Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington—highlights the perils of not offering Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage to a former employee on the basis that the employee was terminated due to gross misconduct.

wellness

EEOC Wellness Lawsuit Against Orion Ends in $100,000 Settlement

A federal challenge to a Wisconsin energy company’s employee wellness incentive was resolved April 5 with a $100,000 settlement. A federal court had thrown out the U.S. Equal Employment Opportunity Commission’s (EEOC) claim that the program violated the Americans with Disabilities Act (ADA), but allowed the EEOC’s related ADA retaliation and interference claims to proceed.

HIPAA

Year 2016 Was Biggest Yet for HIPAA Privacy Enforcement

The year 2016 was by far the biggest yet for monetary settlements under the Health Insurance Portability and Accountability Act’s (HIPAA) privacy and security rules, and 2017 thus far is proceeding apace, a leading HIPAA attorney told a recent conference.

Ask the Expert: Can We Dock Salaried Employee’s Pay for Personal Day When Vacation Time Is Tapped?

Question: Under what circumstances is an employer allowed to require a salaried exempt employee to utilize his/her vacation leave bank for full days away from the office for personal reasons other than medical?  Also, is an employer allowed to withhold payment or “dock” a salary-exempt employee for full days out of the office for personal […]

Coaching Impacts Wellness Programs

Many wellness programs now incorporate technology to appeal to tech-savvy employees, but the human element is still a critical component in the success of wellness programs, according to recent studies.

COBRA

Ask the Expert: COBRA Quandary

Question: I just found out that a former employee near the end of his COBRA election period was in an accident and is currently incapacitated. What are my options administratively if the election period ends and he has not yet elected COBRA coverage?