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healthcare

ACA Play-or-Pay Safe Harbor: Will It Benefit You?

Employers with more than 50 full-time employees must offer health insurance to their employees, as mandated by the Affordable Care Act (ACA). Failure to do so will result in the assessment of an excise tax penalty. This dichotomy is commonly known as the “play or pay” rule under the ACA. The penalty is assessed for […]

Right to Disconnect

The age of digital communication has revolutionized the way we live and work, and there have been both good and bad consequences of this revolution. While it’s easier than ever to chat live with Grandma on the other side of the world, even via video, it also means our colleagues and managers can reach us […]

The “Newpeats”

LITIGATION VALUE: STILL 300,000+ (for the time being. . . ) I don’t think that the “newpeats” introduced any new story lines that would significantly increase the litigation value for these episodes – for the time being. It would, after all, be harder to make things much worse. Having a regional manager tell a Hispanic […]

Foreseeable Leave, Intermittent Leave, and More

Yesterday, attorney Michelle Lee Flores of the Los Angeles office of Fisher & Phillips, LLP, started her rundown of top FMLA, CFRA, and PDL compliance tips for California employers. Today, the rest of her list—plus an invitation to a new webinar you won’t want to miss.

Return-to-work woes: EEOC challenges medical release requests under ADA, GINA

by Geoffrey D. Rieder In a lawsuit filed in September, the Equal Employment Opportunity Commission (EEOC) alleges that a Minnesota-based power company violated the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA) by requiring an employee returning from medical leave to execute overbroad medical release forms for a fitness-for-duty medical examination. […]

Ruling Helps Employers Ending Union Pension Funding

The U.S. 6th Circuit Court of Appeals (which covers Michigan employers) recently issued a long-awaited decision about the appropriateness of interest rate assumptions used by union pension funds to calculate withdrawal liability. The court affirmed a district court’s opinion holding the Ohio Operating Engineers Pension Fund’s use of the “Segal Blend” violated the Employee Retirement […]

athlete

Doctor, Doctor

I played basketball in high school and dreamed of playing in college.  I knew it was a long shot, and it never came to pass.  “Maybe I’ll walk on some day,” I thought as I went off to college.  Yeah, right.  I gave up that dream when I enrolled at Wake Forest in the early- […]

Workers’ compensation reform: Independent medical review

Independent medical review (IMR) is the largest change in California’s SB 863, which has been widely lauded as a “new and improved” workers’ compensation reform package. The new law addresses problems that arose out of the 2004 reforms by minimizing delays in medical treatment and improving access to care.

job description

Emphasize Exempt Duties in Your Job Descriptions for Exempt Positions

Job descriptions are important for several reasons, including providing evidence of the exempt nature of positions classified as exempt under the federal Fair Labor Standards Act (FLSA). This article discusses ways of emphasizing the “exemptness” of positions classified as exempt under the FLSA’s executive and the administrative exemptions.