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Jury duty leave seems like an easy one, but anything that involves questions about who gets paid and who doesn’t is not so easy. In yesterday’s Advisor we talked about the legal issues surrounding jury duty and appearance as a witness; today, we’ll look at key policy considerations, and get an introduction to the “Employee […]
Making sure you comply with the federal Employee Retirement Income Security Act (ERISA) is a lot easier when you have a basic understanding of ERISA’s rules. California plan administrators can use the following checklist as guidance to determine if their current plan complies with ERISA’s requirements, including some of the thorniest ones: 1. Have […]
The U.S. Supreme Court decided to hear a case to resolve whether an ERISA health plan can recover money it spent on a plan participant’s care from his or her personal injury settlement, even if the participant has already spent those particular funds. To settle this question, the Court granted certiorari March 30 in Montanile v. Bd. of Trustees […]
By Al Vreeland, JD, Lehr Middlebrooks Vreeland & Thompson, P.C. Since the Americans with Disabilities Act (ADA) was amended in 2008, the focus of ADA compliance has shifted from whether an employee has a disability (because everything now qualifies as one) to whether an employee’s disability can be reasonably accommodated.
Shortly after the American Taxpayer Relief Act of 2012 eased the conversion of defined contribution plan balances into after-tax Roth accounts, many employers indicated they were very or somewhat likely to add the in-plan Roth 401(k) conversion options the act created as a new federal revenue source. Global human resources consultant Aon Hewitt conducted a […]
Properly classifying someone as either an independent contractor or employee is one of the biggest problems employers have when adhering to FLSA requirements. Do you know when it is okay to classify someone as an independent contractor and when they should be classified as an employee instead? DOL Focus: Independent Contractor or Employee "One of […]
States with employment-related ballot questions mostly approved them during the November 8 election, and employers have little lead time before many measures will be implemented. All told, 14 states have new provisions with which companies must comply, some as early as January 1, 2017. Minimum wage Arizona, Colorado, Maine, and Washington considered minimum wage increases […]
We’re having trouble getting our holiday pay policy clarified. If our employees don’t work on a holiday, they get paid straight time for their normal hours for the holiday. If they do work on a holiday, do they get time and one-half for the hours worked on the holiday plus the straight time holiday pay? […]