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Because of an important new Ninth Circuit Court of Appeals ruling, employers may now have an uphill battle to fight when faced with allegations that discrimination was one factor—even if not the only factor—in an adverse employment decision such as a termination. We’ll explain what this is about and suggest ways you can avoid this […]
The national median jury award in employment-practice liability cases, which includes discrimination and wrongful termination claims, rose 18 percent in 2003 to $250,000, according to a new report from Jury Verdict Research. At the same time, the compensatory award median for discrimination cases—including age, race, disability, and sex bias—fell slightly by 2 percent to $232,322. […]
If a nonexempt employee is sick one day of the week but works some extra hours and is paid for more than 45 hours that week, does the employee get overtime?
An Alameda County Superior Court judge has certified a class action lawsuit on behalf of as many as 10,000 women who claim they were passed over for promotions and paid less than male colleagues at Lawrence Livermore National Laboratory. An attorney representing the scientists estimated that the employer may face damages of more than $250 […]
Handling employee requests for time off because of illness, injury, or a disability is undoubtedly one of the most difficult — and frustrating — parts of your job.
During a series of Web chats held last week, the Occupational Safety and Health Administration (OSHA) unveiled an ambitious prevention program as part of its spring regulatory agenda. The program, known as I2P2, is a major paradigm shift for the department, and as a result, input on the development of the program will be worked […]
In proposed rules issued Jan. 27, the IRS clarifies how participants in employer-sponsored plans are to count employer contributions to HRAs and wellness program incentives when calculating their contributions to employer-sponsored coverage. In those rules, the IRS also allows temporary exceptions to health care reform’s definition of minimum essential coverage for government-sponsored limited-benefit plans, giving […]
Several bills pending in Congress could impact your pension plans. HR 1102 would increase the amount workers can contribute to 401(k) accounts and require faster vesting of matching employer contributions. It would also introduce new Roth 401(k)s and 403(b)s, allowing employees to contribute after-tax dollars but receive tax-free retirement benefits. Another measure, S 659, would […]
There is some persistent confusion over what the implementation of the health reform law means for health flexible spending accounts and health savings accounts. The short answer is that with one exception, employers and plan administrators must follow different steps for health FSAs and HSAs. Understanding these steps is crucial, because the time to prepare […]
As the Principal Financial Group® was conducting its wellness survey (see yesterday’s Advisor), Cornell University was conducting a wellness survey of its own—and demonstrating the importance of assessing needs before implementing. The responses of the 1,400 people who completed Cornell’s survey gave its wellness program clear indicators of where to focus its efforts. It also […]