Practical HR Tips, News & Advice. Updated Daily.
A victory by the health plan participant in US Airways v. McCutchen, now before the U.S. Supreme Court, may erode ERISA plans’ ability to enforce plan terms as written, a legal expert tells the blog. In McCutchen, the Court has a very difficult balancing act to answer whether: (1) an ERISA health plan administrator is entitled […]
By BLR Founder and CEO Bob Brady BLR’s founder and CEO explores the “Blackberries at the beach” phenomenon—the expectation of 24/7 availability even when on vacation. Do nonexempts need to be paid? Are exempts modern day wage slaves? At BLR’s last Employment Law Update conference, several speakers talked about the issue/problem/phenomenon of the “BlackBerry® at […]
What are diversity managers paid? A recent Altman Weil Flash Survey of 80 large law firms revealed that the median annual total cash compensation for diversity managers at those organizations is $184,000, up 5.1 percent from 2007. Other findings: diversity managers who are lawyers take home a median $195,000, and nonlawyer professionals earn $162,500; the […]
Forty years ago, very few U.S. employees were personally affected by what happened on Wall Street. Six in 10 Americans were covered by a pension that they could count on regardless of the stock market. Today less than 2 in 10 workers in the private sector have a pension and most workers only option is […]
The Department of Homeland Security (DHS) has announced that for 45 days, until October 21, 2005, the I-9 employment eligibility verification rules will be relaxed for victims of Hurricane Katrina who are seeking jobs but can’t produce the required I-9 documentation. Many victims lack these documents as a result of evacuations, loss or damage, and […]
By Holly K. Jones, J.D. Take a moment and picture your workforce. They come in each day and serve customers, build products, promote brands, and counsel clients, but what is their “why?” What are the primary factors that drive your employees to come into work, even when they have a case of the Mondays? Maybe […]
In the March 2008 issue of CWHA, we reported that a California appeals court upheld an employee stock purchase plan that provided for the forfeiture of stock if the employee terminated before two years from the date the stock was acquired. Even though the stock was bought using employee compensation, the appeals court ruled that […]
By Gwen Cofield Employers and plan administrators should frequently review their Consolidated Omnibus Budget Reconciliation Act (COBRA) procedures to ensure initial and election notices are distributed on a timely basis. Systemwide notice failures can lead to costly class action litigation.
Rather than merely finding that an individual was entitled to benefits due, a federal appeals court ordered an insurer to pay a large monetary award under ERISA based on the equitable theories of unjust enrichment and disgorgement of ill-gotten profits. The 6th U.S. Circuit Court of Appeals held that the insurer used money it should […]
By Jennifer Carsen, Esq. Just My E-pinion Is safety part of your portfolio yet? In more and more organizations, HR is taking over safety management. Fortunately, HR managers tend to make great safety managers. In fact (don’t tell the safety people), they often do a better job than technical safety experts do.