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Non-federal governmental plans may omit language describing how participants can seek remedies under ERISA in notices to be given when the plan makes an adverse decision. Notices of adverse benefit determinations are required as part of health reform’s claims appeal and external review rules. Such plans need not include the language because ERISA remedies are […]
Misclassifying an employee as exempt from overtime can cost employers potentially huge payouts of past overtime. Last year alone, the federal Department of Labor ordered employers to pay $134 million in back wages to misclassified employees. And that doesn’t count court judgments. Now a new Ninth Circuit Court of Appeals decision may cause you to […]
The federal Equal Employment Opportunity Commission has updated its enforcement guidance concerning reasonable accommodation and undue hardship under the Americans with Disabilities Act. The revisions stem from a recent U.S. Supreme Court ruling that it is unreasonable for an employer to have to reassign a disabled employee if doing so would violate a seniority system, […]
The State Compensation Insurance Fund (known as State Fund), California’s largest workers’ comp insurer, has announced an average 16 percent rate cut for policies effective on or after Jan. 1, 2006. This is the fifth consecutive decrease since 2004, marking an average cumulative drop of 38 percent for State Fund policyholders. This latest State Fund […]
Hiring, like so many other business practices, can be done in a systematic way. Here’s a video program that trains your managers in how to do it right. A few years back, NBC boasted that it was the network of “must-see TV.” It may be a bit strong to say that you “must see” a […]
During the 2016 presidential race, Donald Trump focused on immigration reform as a major campaign issue. As president, Trump further promised to step up border security and enforce U.S. immigration laws, including worksite enforcement.
Regulatory actions and internal investigations are climbing, according to the 2011 Fulbright & Jaworski Litigation Trends Survey; however, businesses faced slightly less litigation in 2011 than in 2010. More than one-third of respondents report there has been an increase in external regulatory inquiries directed at their companies, and more than one-quarter of respondents expect the […]
In 1994, we reported on the case of a black engineer and his supervisor who sued Hughes Aircraft. The engineer claimed he was denied promotions and raises because of his race. His supervisor charged that managers pressured him to fabricate negative performance reviews about the engineer, and when he refused to comply, turned him down […]
The U.S. Department of Labor on Feb. 5 finalized a long-awaited rule ensuring that families of eligible veterans have the same right to job-protected FMLA leave as families of military service members. The final rule also ensures the rights of military families to take leave to attend to financial matters and other types of day-to-day issues […]
Congressional aides from both chambers of Congress and both parties said they do not expect immediate action on changing health care reform’s 30-hour a week definition of a full-time workers, or on banning “skinny” health plans that do not cover major categories of health benefits. The staffers predicted that even if enrollment is lower than […]