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Fueling Disputes: Health Reform May Spur New Types of Employee Lawsuits

Recent legal challenges have focused on constitutional issues, but health care reform is expected to create new reasons for benefits and employment-law litigation, according to a reform expert. Reform rules fraught with legal risk include: (1) pay-or-play requirements, (2) claims appeals and external review, (3) essential benefits; and (4) retiree medical rules. Another area of […]

IRS Hearings on Governmental Plan Status Set for July 9-10

As noted in this earlier blog post, the IRS and Treasury Department recently issued proposed rules that they hope will better define governmental plan status. They’ve been seeking comments from the governmental plan community and now have scheduled public hearings on the matter on July 9 and 10. Both public hearings will take place 10 […]

Who’s Entitled To Overtime: New Case Examines Which Administrative Employees Must Be Paid Overtime; A Compliance Checklist

Figuring out who’s exempt from the overtime rules and who isn’t can be very complicated. Impressive titles and salaries don’t count. Only the employee’s actual job duties matter. And of the four main exemptions-managerial, administrative, professional and sales-the administrative exemption is the least clear-cut. In fact, employers continue to reel from an epidemic of multi-million […]

Are You Talking About Me? Si. Do You Mean Yes? No.

Are they talking about me? Do they understand me? Who knows? My workers speak a dozen languages. I’m making a simple rule– speak English at work or else you’re done here. What with changing demographics, retention woes, and increased hiring demands, more and more businesses are concerned about dealing with employees whose native language is […]

News Notes: Disability Retirement Can Be A Constructive Discharge

A California appeals court has given the green light to a California State University employee’s constructive discharge suit—even though she technically didn’t quit her job but rather took a disability retirement. The employee claimed that after she blew the whistle on alleged misappropriation of public funds, she was subjected to a pattern of harassment that […]

Organization Strategy Must Underlie Health Reform Decisions

How a company complies with health care reform should be determined by what kind of employer it is, how exclusive its workforce is, and how important its benefit package is seen as an aid to recruitment and retention. Only after that analysis should an employer look at whether gains can be made by, say, reducing […]