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COBRA Subsidy Extension Legislation’s Effect on Employers

Last week, President Barack Obama signed legislation into law that extends the original federal COBRA subsidy created by the American Recovery and Reinvestment Act of 2009 (ARRA). The legislation extends: the total allowable time an individual could receive the COBRA subsidy by six months (from nine to 15 months); and the subsidy to individuals who […]

Strong Documentation Defeats Employee’s ADA, ERISA Claims

Good recordkeeping and documentation is key in defending employment discrimination claims, a recent court ruling illustrates. An employee terminated for performance problems alleged that he was fired in violation of the Americans with Disabilities Act, because of his wife’s disability. The employer, however, produced evidence showing that: (1) the employee’s performance was subpar; (2) he […]

7 Deadly Timeclock Sins

The following 7 deadly sins were explained by Sandra Rappaport, Esq., an attorney at the San Francisco office of law firm Hanson Bridgett LLP. Rappaport made her remarks at ERI’s recent 2010 California Employment Law Update conference, held at the Westin St. Francis in San Francisco.

Private Sector Criticizes DOL Proposal to Let States Run Retirement Plans

The U.S. Department of Labor laid the groundwork for states to run ERISA-covered auto-enrollment individual retirement accounts and multi-employer retirement plans for people without workplace savings options, issuing proposed rules and an interpretive bulletin for that purpose. The so-called open MEPs give employers that don’t want to offer their own 401(k) plan a way to join with other companies […]

The Cursed Résumé

By Kyle Emshwiller Registered nurses are going to be a hot career choice over next few years according to O*NET, an online occupation database. With a faster than average projected national job growth (20% to 28%), as well as 1,207,400 projected openings nationwide over the decade, it’s a great sign for RNs. However, while the […]

Reassigning Disabled Employees: New Cases Highlight When You’re Obligated-And When You’re Not; A Road Map To Follow

What if an employee becomes disabled and there’s no reasonable accommodation that would enable the person to keep working in their existing position? In this relatively common situation, according to two recent Americans with Disabilities Act cases, you may have to find the worker a new job. We’ll look at these decisions and give you […]