Category: Uncategorized

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New law streamlines MSP settlement process with on-line information (starting 2014)

Currently, Medicare beneficiaries who have pending claims with third parties responsible for their injuries face settlement delays. The parties cannot determine how much of the settlement is to be used to reimburse Medicare, because Medicare has not been prompt in providing information on the amounts of the benefits it claims to have paid. The result […]

Nurse’s High Anxiety Put Employer on FMLA Leave Notice

An employee walks visibly shaken into your human resources office. She is upset about a work reassignment and says she does not feel properly trained for the new position. She has an emotional meltdown in front of you: crying and shaking so severely that she requests an ambulance. You attempt to calm her and instruct […]

Suspicion of FMLA Abuse Does Not Justify Firing, Says Court

Just when you may have thought the road was clear to an “honest belief” defense that linked employee termination to suspected leave abuse under the Family and Medical Leave Act, a ruling has put the brakes on that notion. A California appellate court has issued a decision against a large auto retailer that should cause […]

Ignoring the Basics Can Lead to HR Failures

In yesterday’s CED, we offered tips for managing the basics of HR legal issues. Today, the rest of the tips and an introduction to a California-specific resource for your employee handbook policies. Once again, a tip of the CED hat to attorneys John K. Skousen and Christopher J. Boman, partners at the Irvine office of employment law […]

Funding Changes May Embolden Pension Investors to De-emphasize Risk

Many retirement plan sponsors and administrators are cheering the phase-in of reduced funding requirements that tie future company contributions to a 25-year average interest rate. Nonetheless, some experts predict that the changes may encourage investors in these plans to think less about hedging risk. A report Towers Watson issued, “The Implications of Funding Relief: What […]

Money Market Reform Proposal Put on Hold; FSOC Might Revive It

SEC efforts to tighten rules on the $2.56 trillion money market fund industry are on indefinite hold. Trade organizations representing the retirement plan and asset management industries wrote a joint letter to SEC Aug. 21 criticizing money market reforms on which the commission was slated to vote Aug. 29. The letter urged SEC not to […]

Are Sales Reps Exempt from Overtime under FLSA?

Are inside sales representatives considered nonexempt? BLR Legal Editor Susan Prince recently received and answered this question from a BLR subscriber. In this video, Prince addresses the circumstances under which retail employers can use the overtime exemption under the FLSA for commissioned employees, including three specific conditions that must be met.