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Plan Identifier Rules Not Written for Self-funded Plans

With the HIPAA deadline for obtaining a health plan identifier less than two months away, plan sponsors have encountered major problems trying to get one — if they’ve started at all, according to a poll conducted by the ERISA Industry Committee. “ERIC’s members are really struggling with the requirements for health plan identifiers,” said Gretchen […]

Disability-Related Questions And Medical Exams, Part 1: EEOC Releases Guidance On When You Can Get Health Information From Employees

Five years ago, the EEOC issued rules explaining which medical exams you could require and what health questions you could ask job applicants without running afoul of the Americans with Disabilities Act. Now, newly released guidance from the EEOC helps clear up some of the uncertainty employers face when these types of issues come up […]

Military Leave: DOL’s Draft Rules Clarify Reemployment Protections for Veterans and Reservists

The U.S. Department of Labor (DOL) reports that it has received complaints from thousands of returning military personnel about their reemployment rights under the federal Uniformed Services Employment and Reemployment Rights Act (USERRA). To better educate employees and employers about their rights and obligations under this law, the DOL has released draft regulations designed to […]

Hawaii: House of Blues After Democrat Sweep

by David Banks, Cades Schutte LLP In Hawaii, Democrats swept their three congressional races while also returning a Democrat to the gubernatorial seat. Neil Abercrombie, the 10-term U.S. representative for the state’s First Congressional District, replaced two-term Republican Governor Linda Lingle. Not only did Abercrombie beat out Lieutenant Governor James “Duke” Aiona for the state’s […]

Hot List: Wall Street Journal’s Bestselling Hardcover Business Books

The following is a list of the bestselling hardcover business books as ranked by the Wall Street Journal with data from Nielsen BookScan on May 24. 1.The Big Short: Inside the Doomsday Machine by Michael Lewis. The sequel to #1 best-selling Liar’s Poker examines the issue of who understood the risk inherent in the assumption […]

Incentive Packages Must Comply with OWBPA

by Susan Hartmus Hiser Q: Our company is downsizing its operations, and we would like to offer an incentive package to certain employees as an inducement to leave voluntarily. If we do, can we obtain a release of all claims from the employees who accept the incentive package? HR Guide to Employment Law: A practical […]

New voluntary standards for psychological health in the workplace

By Marc Rodrigue Increasing public attention has been given to mental health awareness. And Canadian employers are not exempt. Today’s employers have many employees who are affected by, directly or indirectly, psychological illness or are at risk of psychological hazards on the job. Sometimes these hazards can create human resources challenges, including extended employee absences […]

Workers’ Compensation: No Benefits Available For Psychiatric Injury Stemming From Demotion; Why It’s Critical To Make Personnel Decisions In Good Faith

As layoffs occur nationwide, employers are grappling with how to calm employees’ nerves. But giving an employee false reassurances about job security only to later demote or lay off the person could lead to a costly workers’ compensation claim for stress. A new California Court of Appeal ruling illustrates that acting in good faith shields […]

News Notes: Delay Tactics Cost Employer A Lot More Than Settlement Would Have

Journeyman painter Thelma Walker filed a sexual harassment and defamation lawsuit against the San Francisco housing authority and her former job site foreman. Over the next six months, the housing authority was smacked with court fines for repeatedly not responding to Walker’s discovery requests. Walker and the housing authority then tentatively agreed to a settlement […]

Survey Says: Train Employees to Protect Company Data

  Almost one-third (31 percent) of U.S. employees are concerned about losing data at work, but many engage in activities that put company files at risk anyway. And more than one-third of those surveyed at companies with 101 to 500 employees admitted to engaging in risky behaviors when it comes to company data, according to […]