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No Requirement to Hold Position Open Indefinitely for Disabled Worker

According to a new California appeals court decision, holding a job open for a disabled employee who needs time to recuperate is a form of reasonable accommodation—where it appears likely the employee will be able to return to work at some time in the foreseeable future. But reasonable accommodation doesn’t require an employer to wait […]

More Pension Sponsors Considering Lump-sum Payouts

As defined benefit plan sponsors look harder for ways to cut expenses and lower exposure to market forces that challenge keeping their pension obligations funded, an obvious cost to evaluate is their commitment to lifetime retirement benefits for participants. Nearly 40 percent of U.S. employers with DB plans told Aon Hewitt in its recent 2013 […]

Court Reversal Allows Participants to Sue Fifth Third for Company Stock Drop

Plan sponsors that offer company stock in their retirement plan should watch carefully the results of a recent appellate court reversal that will allow participants in .’s defined contribution retirement plan to pursue an ERISA class action against the bank. They claim it endangered their savings by including company stock in their retirement plan shortly […]

Proposed rules on contractor ‘blacklisting’ order published

by Judith E. Kramer The controversial proposed “blacklisting” regulations implementing President Barack Obama’s Fair Pay and Safe Workplaces Executive Order have been published in the May 28 edition of the Federal Register for notice and comment. The proposed regulations were issued by the Federal Acquisition Regulation (FAR) Council. The order, which the proposed regulations interpret, […]

Religion Bias: Big Verdict for Worker Fired over Head Scarf

A jury in Phoenix has awarded $287,640—including $250,000 in punitive damages—in a religious discrimination suit against Alamo Car Rental brought by the U.S. Equal Employment Opportunity Commission (EEOC). The EEOC charged Alamo with post-9/11 backlash discrimination on the basis of religion when it fired a Somali customer sales representative in December 2001 for refusing to […]

Company Officials Aren’t Plan Fiduciaries, Not Liable for Missed Contributions

A company owner and another manager are not fiduciaries as defined by ERISA and the contributions they failed to make to their employees’ pension plans were not plan assets, the 6th U.S. Circuit Court of Appeals ruled. This decision supports the premise that individual company officials who serve only as conduits for employees’ payments to […]

Is Every Employee Disabled?

By Michael E. Barnsback That was the question we received at the conclusion of the ADA Compliance Virtual Summit, which I conducted with Audra Hamilton on June 15, 2011. The question was reasonable after conference participants learned that the Equal Employment Opportunity Commission’s (EEOC) new regulations emphasize that the focus of the Americans with Disabilities […]

ERISA Advisory Council to Craft Model Notices for Pension Risk Transfers

The 2015 ERISA Advisory Council plans to build on a 2013 effort by devising new draft model notices and disclosures for lump-sum pension distribution offerings to participants and retirees. Instances of pension risk transfer — often referred to as “derisking,” from the plan sponsor’s point of view — are on the rise among single-employer defined […]