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What to Do if You find Attorney-Client E-mail—Simple Rule

In yesterday’s Advisor, attorney Stephen R. Woods summarized two key cases relating to technology policies; today his tips, and some good news—your job descriptions are updated and waiting on a CD. Woods is a shareholder in the Greenville, South Carolina office of law firm Ogletree Deakins, Nash, Smoak & Stewart, PC. His remarks came at […]

News Flash: Employee Claims He Lost Promotion Due To HIV Status

Vincent Fusco, an American Airlines ticket agent from WalnutCreek, has filed a discrimination lawsuit against the airline for allegedly testing him for HIV in a roundabout way and then withdrawing a promotion offer for a flight attendant position after finding out about his HIV status. Following several prepromotion medical tests, the airline allegedly asked Fusco’s […]

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Behavioral Questions Help Screen Potential Employees

The process of assessing and diagnosing mental health issues in a potential employee is complicated. Certain questions can offer valuable information about an individual’s behavior and reactions to work situations.

“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” […]

Employee Benefits: New Ruling Clarifies When You Must Notify Employees In Advance Of Changes To Retirement Plans

When modifying a retirement plan or implementing an early retirement incentive program, most employers don’t announce the news until the details are finalized and the program is set to go. Now an important case from the Ninth Circuit Court of Appeals details when you have to give employees advance notice of a new program or […]

EBSA Releases Final Rule on Fee Disclosures (extends effective date to July 1)

The U.S. Department of Labor (DOL)’s Employee Benefits Security Administration (EBSA) issued the final rule for pension and 401(k) plan fee disclosures on Feb. 2. The announcement was jointly made with the U.S. Department of Treasury, which issued a proposal at the same time to reduce regulatory burdens on retirement incomes. Secretary of Labor Hilda […]

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 […]

DOL Audits Health Reform Compliance of Employer Plans

It may seem paradoxical that the U.S. Department of Labor (DOL) should begin auditing health plans for compliance with the health reform law’s mandates, given that the U.S. Supreme Court could very well strike down the Affordable Care Act (ACA) for being unconstitutional in early summer. But it’s better that plans be ready to demonstrate […]