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COBRA

COBRA: Proper Mailing Procedures Trump Address Mistake

by Gwen Cofield Although an employer or plan administrator is not required to ensure actual receipt of the Consolidated Omnibus Budget Reconciliation Act (COBRA) notice, a good-faith effort to provide the COBRA notice must be made. Where an administrative error prevents the receipt of the COBRA notice, an employer or plan administrator can demonstrate good-faith […]

2010 Elections — a Game Changer in Congress

by David S. Fortney and J. Robert Brame Editors, Federal Employment Law Insider The historic 2010 elections for the 112th Congress will significantly alter how Washington operates. The Republicans gained more seats than during any election since 1948, and we now move forward with a politically divided government following two years of Democratic control of […]

iPlaintiff

Litigation value: Ryan gets nothing today, but in a few years ….. who knows? The ADA Amendments Act of 2008 (ADAAA) significantly broadened the ADA’s definition of disability. Ryan had me asking myself how much during last night’s rerun episode, Trivia. During the trivia contest, the organizers confiscated Ryan’s smartphone. Ryan held out for all of eight seconds before deciding that he would rather be ejected from […]

Free Report for HR Managers: Win the Recruiting War!

The HR Daily Advisor announced today the release of a new free report, Win the Recruiting War!, which will help HR Managers to develop a recruiting strategy to find and retain talented employees. The exclusive 36-page special report includes sections on workforce analysis and job descriptions, tips for online ads, how to make a referral […]

Employee Dating: Court Upholds Employer’s Nonfraternization Policy After Supervisor Terminated For Dating Subordinate

Given how much time employees spend at work, it’s no surprise that romantic liaisons often develop. Many turn into happy relationships, but some end in disaster—for both the participants and their employer. This is particularly true when one person has direct or indirect control over the other at work, which can lead to allegations of […]

Texas Supreme Court balks at extending spousal benefits to same-sex couples

by Jacob Monty Monty & Ramirez, LLP The Texas Supreme Court ruled this week that the City of Houston’s extension of its employee benefits to married same-sex couples goes further than is required by the 2015 U.S. Supreme Court’s landmark decision in Obergefell v. Hodges, which declared same-sex marriage equal in all 50 states. The […]

Employment Law Tip: Protecting Exempt Status: The Seven Deadly Sins

While California law generally requires employers to pay overtime when employees work over eight hours in a day or 40 in a week, certain executive, administrative, and professional employees are exempt from this requirement if they meet three conditions: 1) the employee is paid on a salary basis; 2) the employee earns a certain minimum […]