Employee Benefits / Employment Law / HR
Showing 145–160 of 653 results
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Crime doesn’t pay — even when the perpetrator is injured
July / August 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 637
Abstract: In a recent Seventh Circuit case, the court decided whether an employee was terminated in violation of the Federal Railroad Safety Act. But confusion over “cause” vs. “proximate cause” at the trial court level, and the employee’s attempt to assert certain claims on appeal that he hadn’t asserted earlier, made for a surprising conclusion. Koziara v. BNSF Railway Co., No. 16-1577, October 31, 2016 (7th Cir.)
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Conflict of interest dooms FMLA discrimination claim
July / August 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 576
Abstract: When an employee plaintiff claimed that a trial court’s evidence rulings were an abuse of discretion, the Tenth Circuit stepped in. This article outlines the employee’s claim of discrimination under the FMLA and how the appeals court reviewed the three prongs that establish a prima facie claim of interference. Gaige v. SAIA Motor Freight Line, LLC, No. 16-6191, Nov. 29, 2016 (10th Cir.)
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Essential truths – Reasonable accommodation doesn’t always satisfy ADA claims
July / August 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 735
Abstract: In an Eleventh Circuit ADA case, an employee did not establish that she could perform the essential functions of her position, with or without a reasonable employer accommodation. As this article concludes, in certain circumstances a reasonable accommodation may not exist. Nevertheless, employers should try to find one anyway. Bagwell v. Morgan County Commission, No. 15-15274, Jan. 18, 2017 (11th Cir.)
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Let the jury decide – Court supports emotional distress damages in FLSA case
July / August 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 851
Abstract: Many courts have considered whether the FLSA allows a retaliation victim to recover damages for emotional distress. But as this article details, the Fifth Circuit recently had the additional task of determining whether the FLSA protects a nonemployee spouse from employer backlash. A sidebar describes a similar FLSA case. Pineda v. JTCH Apartments, LLC, No. 15-10932, December 19, 2016 (5th Cir.) Travers v. Flight Services & Systems, Inc., No. 13-1438, December 12, 2013 (1st Cir.)
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COMPLIANCE ALERT
June / July 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 131
Abstract: This feature lists a few key tax reporting deadlines for June and July.
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IRS simplifies process for avoiding rollover penalties
June / July 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 329
Abstract: The IRS has made it a lot easier for retirement plan participants (and IRA owners) to avoid penalties when they botch a rollover. This brief article discusses new IRS Revenue Procedure 2016-47, which allows participants to “self-certify” valid reasons to the receiving financial institution.
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Helping soon-to-be retirees understand RMD rules
June / July 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 562
Abstract: Employees who are approaching retirement age may be unaware of their required minimum distribution (RMD) obligations, which begin at age 70½ for both individual IRAs and 401(k)s. This article summarizes what they need to know for financial and tax-planning purposes.
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Avoid litigation with attention to common red flags
June / July 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 798
Abstract: Any size retirement plan can run into serious trouble when sponsors aren’t careful. With some planning, though, a qualified retirement plan doesn’t have to be the target of ERISA litigation. This article reviews some of the most common red flags leading to litigation and reminds plan sponsors of the importance of regularly reviewing fees and expenses.
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Is a safe harbor plan the right move? This alternate approach can save headaches, but at a price
June / July 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 808
Abstract: Many qualified retirement plan sponsors worry each year about whether their highly compensated employees will have “excess” salary deferrals returned to them because the plan failed the actual deferral percentage / actual contribution percentage (ADP/ACP) discrimination tests. Most small plan sponsors take advantage of “safe harbor” rules that, nearly always, eliminate the need to worry about passing these tests. This article looks at the pros and cons of this approach.
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Does USERRA protect employees from compelled arbitration?
May / June 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 571
Abstract: Under the Uniformed Services Employment and Reemployment Rights Act, members of the military are protected from losing their civilian jobs and employment benefits when they return from active duty. However, as a recent Ninth Circuit ruling made clear, there are limits to those protections. Specifically, there is no prohibition on mandatory arbitration. Ziober v. BLB Resources, Inc., No. 14-56374, October 14, 2016 (9th Cir.) CompuCredit Corp. v. Greenwood, No. 10-948, January 10, 2012 (U.S.)
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Highlighting the difference between FMLA leave and vacation
May / June 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 668
Abstract: When an employee was discharged after taking time off from work, he sued his former employer for violating the Family and Medical Leave Act (FMLA). This article discusses the Fourth Circuit case, including why the court distinguished between medically necessary FMLA leave and vacation. Sharif v. United Airlines, Inc., No. 15-1747, October 31, 2016 (4th Cir.)
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How reimbursement policies can get employers into hot water
May / June 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 700
Abstract: Paying employees a per diem to cover meal expenses can raise certain compensation questions that need to be decided in court. This article reviews a Tenth Circuit case, explaining why the court decided that the employer didn’t violate the Fair Labor Standards Act by failing to include reimbursement payments in regular rate of pay calculations. Sharp v. CGG Land (U.S.) Inc., No. 15-5113, November 4, 2016 (10th Cir.) Newman v. Advanced Tech. Innovation Corp., No. 13-1132, April 18, 2014 (1st Cir.)
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ADA accommodation – Court ruling helps at least one employee breathe easier
May / June 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 984
Abstract: Notification that an employee needs an ADA accommodation triggers the employer’s duty to engage in the interactive process. The employee in a recent Eighth Circuit case proved that she’d notified her employer of physical restrictions following surgery. But, as this article explains, the court found that the employer hadn’t held up its end. A sidebar summarizes a case where it was the employee who dropped the ball. Kowitz v. Trinity Health, No. 15-1584, October 17, 2016 (8th Cir.) E.E.O.C. v. Product Fabricators, Inc., No. 13-2103, August 15, 2014 (8th Cir.)
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COMPLIANCE ALERT
April / May 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 141
Abstract: This feature lists a few key tax reporting deadlines for April and May.
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When is it best to claim Social Security? Online “claiming strategy” tools to help your employees
April / May 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 333
Abstract: Employees’ retirement timing decisions will depend on a variety of factors, including their accumulated vested assets in an employee benefit plan. Another key variable is Social Security. But the Social Security benefit “claiming strategy” that’s best for them isn’t always an easy calculation. This brief article highlights online Social Security benefit calculators that can help.
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Be prepared for your next — or first — QDRO
April / May 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 533
Abstract: Domestic relations orders entitle an “alternate payee” to a portion of a participant’s retirement benefits. However, it’s up to the plan sponsor or administrator to determine whether the order is qualified, making it a qualified domestic relations order. The article discusses common errors that plan sponsors encounter when qualifying a domestic relations order and how to handle the rejection of an order.