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New Case: Corporate Officers May Be Forced to Pay Out-of-Pocket Under FLSA

In 2005, the California Supreme Court ruled that, under state law, individual managers and corporate officers couldn’t be held personally liable for unpaid wage claims. In other words, only the company could be forced to pay back wages. This was an important victory for California employers (Find out more on the 2005 case). But the […]

Health Benefits: New HIPAA Nondiscrimination Rules for Wellness Programs

The U.S. Department of Labor’s Employee Benefits Security Administration (EBSA) has published final rules regarding compliance with the nondiscrimination provisions of the Health Insurance Portability and Accountability Act (HIPAA) for wellness programs. The rules will be effective on the first day of the plan year beginning on or after July 1, 2007. For calendar year […]

Your 20-Somethings Have a Lot to Offer—Really

By Stephen D. Bruce, PHR Editor, HR Daily Advisor Experienced managers tend to talk trash about their “millennials,” their lack of loyalty, their other undesirable traits, but business and leadership blogger Dan Oswald (The Oswald Letter) thinks there’s a lot of potential in these young workers if you’re willing to unleash it. I’m not much […]

OSHA Administrator, Employers Group Spar Over Proposed Changes to OSH Act

A proposal to increase Occupational Safety and Health Act (OSH Act) penalties now being considered by Congress will not result in any actual improvements in workplace safety and health, a representative of a coalition of employer groups testified on Tuesday, July 13, before the U.S. House of Representatives’ Committee on Education and Labor. Jonathan Snare […]

Ban Raises Texting-Driving Issues that Go Beyond Big Rigs

The federal Transportation Department’s announcement banning texting by drivers of commercial vehicles is sure to make employers think twice about their policies even if they don’t have trucks or buses on the road. U.S. Transportation Secretary Ray LaHood made the announcement January 26 that an interpretation of standing rules prohibits texting by drivers of commercial […]

Ruling on Reformation Opens More Adjustments of Plan Terms

A federal appeals court agreed with a retirement plan plaintiff that he did not have to show “actual harm” to seek a retirement plan reformation after alleged inadequate communication about a change in his former employer’s defined benefit plan. The 2nd U.S. Circuit Court of Appeals sided with Geoffrey Osberg and other plaintiffs in Osberg […]

Short Takes: Benefits

Once we hire an employee, we provide full medical, dental, and vision insurance coverage to the employee, spouse, and children. Are we able to request marriage certificates and birth certificates for eligible family members for the purpose of insurance benefits? We have found that employees will often list nonrelatives for insurance benefits (e.g., a boyfriend, […]

GINA, State Statues, and Your Wellness Program

Yesterday’s Advisor warned of potential legal hassles for wellness programs under HIPAA and NLRA; today, threats from GINA and the states, plus an introduction to the popular wellness guide that will help your program achieve best practice ROIs. Genetic Information Nondiscrimination Act (GINA) GINA (which prohibits discrimination on the basis of genetic information with respect […]