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6 Health Reform Issues Loom over Plan Sponsors in 2012

After so much ink spilled and heartache over health reform, plan sponsors might think the dust has settled and say: “The coast is clear. We can come out of hiding.” But if you thought that all this effort has totally clarified health reform (and if you think you know just what to do to comply), […]

High Court Defines ‘Charge’ in Age Discrimination

The U.S. Supreme Court has ruled on the definition of a “charge” of age discrimination under the Age Discrimination in Employment Act (ADEA). Under the ADEA, an employee is required to file a “charge” with the U.S. Equal Employment Opportunity Commission (EEOC) before the dispute is escalated to court. But the term “charge” is not […]

News Notes: COBRA Can’t Be Denied Because Employee Has Other Coverage

The U.S. Supreme Court has ruled that you can’t deny COBRA continuation coverage to an eligible employee or dependent simply because the person-at the time COBRA coverage is elected-is also covered under another group health plan, such as one provided by a spouse’s employer.3 Note that despite this new ruling you can terminate COBRA benefits […]

Affirmative Action: OFCCP Sends Out Wave of EO Surveys

In connection with affirmative action regulations that were revised in 2000, the U.S. Department of Labor’s Office of Federal Contract Compliance Programs annually sends out what’s known as an EO survey to randomly selected federal contractors. The mandatory survey—which has stirred much controversy among federal contractors who claim that it’s burdensome—asks contractors to submit a […]

Are your retirement plan’s fees excessive? Failed participant suits may inform plan sponsors

Federal courts on numerous occasions in the last two years have dismissed plan participant allegations that their employers charged excessive retirement plan fees. The rulings taken together say: If a plan is not enriching itself at participants’ expense — or operating with a conflict of interest in relation to its investment company — then it’s […]

Health Care—What Happens in 2011

By Stephen D. Bruce, PHR Managing Editor, HR Daily Advisor Just My E-pinion The enactment of the health care reform bills launched an extended period of far-reaching changes that impact every employer. BLR’s hot-off-the-press Special Report details what’s happening in 2011 (and beyond to 2018). Here’s what you need to be thinking about in 2011: […]

DOL appeals overtime rule injunction

The U.S. Department of Labor (DOL) announced on December 1 that it will appeal a court’s injunction temporarily halting its new overtime regulations. A federal judge for the U.S. District Court for the Eastern District of Texas blocked the rules on November 22, calling the regulations “unlawful” and noting that the changes in the rules […]

Accommodating Employees: Employer Agrees To Settle Suit By Hearing-Impaired Employee

A hearing-impaired worker in Los Angeles who requested a sign language interpreter for meetings–and instead was allegedly told by her supervisors to read lips and try harder–will receive $100,000 to settle her claim that her employer failed to accommodate her under the Americans with Disabilities Act. In a confidential settlement, the government employer also agreed […]

Woolsey Wants Higher Fines on Employers That Misclassify Workers

Companies that wrongly pay workers as independent contractors, rather than employees, strip workers of benefits and protections and put responsible employers at a competitive disadvantage, according to Rep. Lynn Woolsey, D-Calif., who this week proposed increasing penalties on employers found to have misclassified workers. Woolsey’s bill, The Misclassification Prevention Act, (HR 3178) is the most […]