Month: January 2014

Compensation Litigation: Low-Hanging Fruit for Plaintiffs’ Attorneys

Wage/hour litigation is heating up, partly because attorneys have figured out that even for small cases, in which the client-employee may get $1,000, the attorney can collect $15,000 in attorneys’ fees, says Attorney Deanna Brinkerhoff. Fair Labor Standards Act (FLSA) litigation is heating up, and partly for that reason—it’s low-hanging fruit for plaintiffs’ attorneys. Brinkerhoff, […]

Vegas Trip with Terminally Ill Mother Excuses Absence, Per FMLA

Absences to care for a family member with a serious health condition do not need to be connected to medical treatment — nor do they depend on a particular location — to qualify as leave under the Family and Medical Leave Act, the 7th U.S. Circuit Court of Appeals affirmed in Ballard v. Chicago Park […]

Train Employees to Protect Themselves from Identity Theft

Here is an effective Q&A presentation on the basics of identity theft and how employees can protect themselves. What Is Identity Theft? Identity theft is the use of personal information, such as your name, credit card number, Social Security number, without your permission, to commit fraud or other crimes. How Can Thieves Access Information? There […]

TPA Faces ERISA Benefits Denial Claim for Improperly Raising COBRA Premium

A third-party administrator that poorly communicated a COBRA premium rate increase ­— which in any case was likely prohibited under COBRA’s rules — is being sued for ERISA benefits denial and state-law promissory estoppel claims. The TPA instituted the premium change but did not provide clear written notice of it as required under plan terms. […]

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Climbing Trees on WC Not a Great Idea

A Texas man who reported he sustained a job-related injury while driving a truck and received income benefits from an insurance company was found driving a truck while collecting. Not a huge surprise. What was surprising was that he was also found to be climbing trees as part of a side business! Texas Mutual Insurance […]

Obama Unveils ‘Starter’ Retirement Savings Bond in State of Union Speech

A new type of “starter” retirement savings account for smaller balances that’s backed by the federal government but administered by employers was promised by President Barack Obama in his 2014 State of the Union address on Jan. 28. The president said he would use an Executive Order to direct the U.S. Treasury Department on Jan. […]

Supreme Court favors employer in donning, doffing case

The U.S. Supreme Court has ruled in favor of the employer in a closely watched donning and doffing case. The high court ruled on January 27 that U.S. Steel Corp. did not have to pay a group of employees for time spent changing into and out of certain protective gear. In Sandifer v. U.S. Steel […]

Health Care Reform: Individual Mandate Penalties Further Refined

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 […]