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DOL Clarifies Mental Health Parity’s Effect on Pre-Authorization

The effect of the Mental Health Parity and Addiction Equity Act (MHPAEA) on prior authorization practices and other “nonquantitative treatment limitations” was clarified Nov. 17 in guidance from the U.S. Department of Labor (DOL). The MHPAEA interim final rules issued in February 2010 imposed a detailed numerical formula for determining whether quantitative limits such as copayments […]

Employees Must Prove Disability in Spite of Lower ADAAA Bar

While the ADA Amendments Act made it easier for employees to show that they have a disability, it did not eliminate the requirement, the 5th U.S. Circuit Court of Appeals has ruled in Neely v. PSEG Texas, No. 12-51074 (5th Cir. Nov. 6, 2013). Facts of the Case Jeffrey Neely worked as a control-room operator […]

“Let’s Keep the Temp Instead”

Yesterday, we looked at some of the reasons that fathers don’t like to take time off, including the fear of losing their jobs. Today, we’ll look at why that’s sometimes a valid concern for both men and women on family leave — particularly when a superstar temp takes over the job. “I’ll Keep the Temp” […]

Disabled Employees: Seniority Policy Must Give Way To Accommodations; What To Do Now

Most employers know they must explore the possibility of making a reasonable accommodation requested by a disabled worker. But what if an employee wants an accommodation that conflicts with your seniority system? And how far do you have to go in working with the employee to accommodate their request? In a surprising reversal of its […]

Terminations—Without Good Policies, a Lawsuit Jungle

Terminations—where the rubber meets the road in HR. The most angst, the most tears (or screams), and the most lawsuits. Your terminations policy is critical. Today, courtesy of BLR’s SmartPolicies® program, we’ll review the key elements your policy should cover. Compensation, Benefits, and Financial Issues Severance pay. What are your guidelines (e.g., how many years […]

Risk Is Your Business

It’s March. Chances are there’s an NCAA men’s basketball tournament pool being conducted in your office right now. If you’re in it, good luck! There are a number of them here in our office. (You want to see my picks click here.) It’s estimated that $2.5 billion changes hands over this single event. That’s quite […]

Dependent Coverage Can Pose Challenges

Many, perhaps most, employers provide some coverage to employees’ dependents under the benefit plans they offer. But an employer needs to be careful when it does so. Many factors can complicate this coverage. Following are examples that highlight complicated situations that can arise for an employer that covers employees’ dependents and how an employer should address […]

Cannabis

Legal Cannabis Spurs Demand for Certain Skill Sets

Just a few years ago, it would have been almost unheard of for someone to list the ability to grow, identify, or recommend different strains of cannabis as a job qualification, but the times are a changin’!

News Notes: Computer Tampering Lands Employee In Jail

A systems administrator has been ordered to serve one year in jail for destroying computer files worth $237,550 at Digital Link, a Sunnyvale engineering firm. An Chi Tran quit his job after his supervisor gave him a written reprimand. The company then changed its passwords to block his access to its central computer system. But […]

U.S. Supreme Court Building

Supreme Court Sets High Bar for Class Certification

by Brad Williams, Holland & Hart LLP The U.S. Supreme Court’s Dukes v. Wal-Mart decision is enormously consequential for employers, particularly those facing “bet-the-company” class actions involving allegations of widespread discrimination. In essence, the Court answered a number of outstanding procedural and interpretive questions involving the federal class-action device in such a way as to […]