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McCutchen Ruling Gives Reason to Reevaluate ERISA Plan Terms

It is clear based upon the U.S. Supreme Court decision in U.S. Airways v. McCutchen that ERISA health plans should consider modifying their plan provisions to expressly negate the application of the common fund rule in the future. This decision represents a victory and a reminder. The McCutchen ruling (No. 11-1285 (U.S. Ct., April 16, […]

Unmarried and Single Americans

“National Singles Week” was started by the Buckeye Singles Council in Ohio in the 1980s to celebrate single life and recognize singles and their contributions to society. The week is now widely observed during the third full week of September, which is September 18-24 this year, as “Unmarried and Single Americans Week,” an acknowledgment that […]

Productivity Got Run Over by a Reindeer During the Holidays

by Margaret DiBianca Hints of the holiday season are tucked away in every corner of the workplace. Cards from customers and vendors are tacked up in cubicles. Uneaten candy canes and tin canisters filled with chocolate-drizzled caramel popcorn continue to make appearances in the break room. The office-party circuit seems endless and, of course, requires […]

Federal contractor ‘pay transparency’ rule up for comment

by Tammy Binford The U.S. Department of Labor (DOL) has published a proposed rule aimed at ensuring that employees of federal contractors are allowed to discuss their compensation. The proposed rule, which was published in the September 17 Federal Register, gives interested parties until December 16 to submit comments. The rule’s language prohibits federal contractors […]

Cash vs. Benefits? Show Us the Money, Say Workers

Although most American workers are satisfied with the health insurance benefits they have now, there is a long-term trend toward wanting more cash and fewer benefits, according to a new survey by the nonpartisan Employee Benefit Research Institute (EBRI).

Sexual Harassment: An Interactive Tool to Keep You Out of Trouble

An engaging program uses interactivity to help keep your employees from crossing that oh-so-important line into the danger zone. A recent Daily Advisor explained the concept of “preventive law,” which, like preventive medicine, seeks to avoid workplace legal trouble before it happens. There’s a lot of trouble to prevent. As the story noted, defending the […]

Accommodating Mental Illness

By Alix Herber and Hadiya Roderique In Canada, employers have a duty to accommodate individuals suffering from a disability to the level of undue hardship. In the case of an employee with a physical disability, it often can be relatively straightforward to identify accommodations that can be implemented. In contrast, the accommodation of mental illness […]

Auto Insurance: How Do We Ensure that Employees’ Auto Insurance Meets Company Requirements?

Many of our employees drive their privately owned vehicles on company business. We’re concerned about their insurance. Can we make them provide us with a “Certificate of Liability Insurance” listing us as the certificate holder, so we’ll know for sure that their insurance is in effect? Also we’d like to require that they carry higher […]

ADA Accommodations: “100% Healed” Return-To-Work Policies Ruled Illegal

If you require a disabled employee to be completely recovered before returning to work, it’s important to reconsider that policy in light of the Ninth Circuit’s recent ruling involving Amtrak (see above). In the case, a disabled ticket agent who could no longer perform her job claimed that her supervisor wouldn’t allow her to bid […]

Why Workers’ Comp Claim Forms Must Be Provided Promptly

A new case underscores the need for employers to bone up on the rules regarding when injured workers must be provided with a workers’ comp claim form. In the case, a California appeals court rejected an argument that David Carls, a sign painter for the Claremont Colleges in Southern California, should be denied workers’ compensation […]