How To Handle Alleged Bullying?
If an employee comes to you complaining about alleged harassment, it’s a no-brainer: You launch an investigation, end of story. But what about an employee who comes to you with a bullying complaint?
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In McCutchen, Supreme Court Faces Thorny Decision on ERISA Recovery Rights
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 […]
Blackberries at the Beach: Are Exempt Employees the New Wage Slaves?
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?
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 […]
New DOL Rules Require More Disclosure to Workers with 401(k) Retirement Plans
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 […]
Technology: What Should I Keep in Mind When Drafting an Electronic Surveillance Policy?
We are seeing a need to engage in more intensive monitoring and surveillance of our employees’ tech equipment use. I want to get a new draft policy circulating. What should I include?— Sally E., HR Manager in Sausalito
Stock Forfeiture Case Now Before Supreme Court
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 […]
Employer Faces Class Action Claim for 3-Year COBRA Notice Lapse
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.
IRS Details Procedures for e-Filing Hardship Waivers
IRS on Sept. 14 released a new revenue procedure guide for retirement plan administrators seeking to avoid filing certain annual forms electronically, usually for economic hardship reasons. The changes are most likely to apply to small plans. In Revenue Procedure 2015-47, IRS provided some clarity on when some filers can continue using paper to submit […]
Court Multiplies Award, Saying Insurer Profited from Denial
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 […]