Most Popular

TPA Is Not Fiduciary in Dispute Over Benefits Error, Judge Rules

By Jane Meacham Employers should exercise oversight of third-party administrators, to ensure they distribute accurate plan notifications and information about beneficiary distributions. That’s because in the case of certain errors, the TPA may end up not being defined as a fiduciary, as Judge James Graham in the U.S. District Court for the Southern District of Ohio, Eastern Division, ruled in Stark […]

Americans With Disabilities Act: Historic Supreme Court Ruling Limits Liability For ‘Correctable’ Disabilities

A number of cases in recent years have raised the thorny issue of whether the Americans With Disabilities Act protects workers whose disabilities don’t necessarily affect them at work because they take medication or use corrective devices. Now, in a trio of important new decisions, the U.S. Supreme Court has overturned the Equal Employment Opportunity […]

Disability Bias: Employee Unable to Travel Is Not Disabled, but Court Considers Retaliation Claim Anyway; Practical Considerations

A new ruling from the federal appeals court that covers California demonstrates how you can get hit with a retaliation claim following an employee’s request for a reasonable accommodation—even if it turns out the employee wasn’t disabled. The court also pointed out that travel restrictions don’t qualify as limitations on a major life activity for […]

Focus on the Desired Outcome

You ever find yourself faced with situation that is so screwed up that no matter what solution you come up with, it’s guaranteed to be better than what’s currently being done? You think to yourself, “There’s no way I can’t make this better than it is today. It’s going to be really easy to look […]

Time for Oregon employers to prepare for ‘ban the box’ law

Oregon’s new “ban the box” law takes effect January 1, meaning employers will be prohibited from asking applicants to check a box inquiring about criminal history on employment applications. The new law makes it unlawful to exclude an applicant from an initial interview solely because of a past criminal conviction. An applicant is unlawfully excluded […]

Latino Workers Have Difficulty Making Benefits Decisions, Study Concludes

New research from Massachusetts Mutual Life Insurance Company (MassMutual) finds that Latino workers claim to be knowledgeable about their employer-provided benefits—yet they find it difficult to select their benefits. Additionally, learning more about their finances is perceived by Latinos to be too complicated, confusing, and time-intensive.\

73% of Wage/Hour Investigations Result in Findings

It’s a sobering realization, says attorney Kara Shea, that DOL statistics show 73 percent of its investigations result in findings of violations, but you can push the odds in your favor. Shea, who is a member of Nashville-based law firm Miller & Martin PLLC, made her remarks at BLR’s Advanced Employment Issues Symposium, held recently […]

Does Pregnant Employee Have a Discrimination Claim?

By Beth Kahn and Timothy J. Toohey, Morris Polich & Purdy LLP A California employer fired a pregnant employee for violating its policy on reporting missing customer deposits. On appeal, the California Court of Appeal considered whether the employee had a claim for pregnancy discrimination and whether the employer had a legitimate reason for terminating […]

Should Off-Site Employees Verify Their Own Time Records?

Yesterday, we looked at four of attorney Paul Lopez’s five recommended questions for avoiding problems due to overtime-based lawsuits. Today, our analysis of the fifth question—plus an introduction to a resource that provides you with the California-specific wage/hour handbook policies you need.