Employee Benefits / Employment Law / HR
Showing 161–176 of 653 results
-
The uncertain future of Form 5500 – Will compliance burden increase?
April / May 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 743
Abstract: January 1, 2019, might seem like a long way off, but to critics of the Department of Labor’s proposed overhaul of Form 5500, it’s right around the corner. That’s because proposals will require setting up systems to collect and report detailed data. This article reviews the proposal’s rationale, as well as industry concerns.
-
Understanding IRS determination letter program changes – How changes affect individually designed retirement plans
April / May 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 769
Abstract: Since the beginning of the year, sponsors of individually designed retirement plans generally have no longer been able to receive a periodic official regulatory compliance seal of approval from the IRS in the form of a routine determination letter. While this has been a source of concern to many plan sponsors and their advocates, options remain. This article summarizes the reasons for the change, the option of a mass-submitter plan and possible problems brought on by the change. A sidebar reviews some of the industry concerns about the change.
-
Together we stand … or not – Workers contest enforceability of class action waiver
March / April 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 652
Abstract: In Morris v. Ernst & Young, LLP, employees argued that their employer had violated the National Labor Relations Act (NLRA) when it tried to enforce waivers prohibiting them from bringing a class action suit. This article describes how the Ninth Circuit weighed the National Labor Relations Board’s interpretation of the NLRA and the employer’s interpretation of the Federal Arbitration Act to reach a decision. Morris v. Ernst & Young, LLP, No. 13-16599 (9th Cir.)
-
EEOC goes head-to-head with race-neutral grooming policy
March / April 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 741
Abstract: Does Title VII protect employees from discrimination based on their hairstyles? That’s the question taken up by the Eleventh Circuit when an employer with a race-neutral grooming policy rescinded an offer to a job applicant who refused to cut her hair. This article summarizes the case. Equal Employment Opportunity Commission v. Catastrophe Management Solutions, No. 14-13482, September 15, 2016 (11th Cir.)
-
Burning question: Do physical tests discriminate against women?
March / April 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 625
Abstract: Recently, the Seventh Circuit decided whether the City of Chicago discriminated against paramedic job applicants in violation of Title VII. The applicants claimed that a physical test disparately impacted women and that the city had a discriminatory intent when it implemented the test. This article discusses the case and its outcome. Ernst v. City of Chicago, Nos. 14-3783, 15-2030, September 19, 2016 (7th Cir.)
-
Buyer beware – Employee contracts aren’t always conveyable
March / April 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 968
Abstract: When companies are sold, the seller’s contracts usually transfer to the buyer — but not always. This article looks at an Eighth Circuit case where an acquiring company claimed that employees had violated their former employer’s noncompete and confidentiality agreements by going to work for a competitor. The employees contended that the contracts were conveyed without their consent. A sidebar discusses a similar case in a different jurisdiction. Symphony Diagnostic Services No. 1 Inc. v. Greenbaum, No. 15-2294, July 6, 2016 (8th Cir.) Roeder v. Ferrell-Duncan Clinic, Inc., 155 S.W.3d 76 (Mo. Ct. App. 2004) Hedgeye Risk Management, LLC v. Heldman, No. 16-0935, July 8, 2016 (D.C.)
-
ADA accommodation – Improper paperwork doesn’t excuse employers
January / February 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 677
Abstract: When is an employer doing enough to accommodate an employee under the Americans with Disabilities Act? The employer in a case before the Tenth Circuit learned the hard way that it wasn’t. This article explains why the court found that the employer’s inconsistent reasons for terminating the employee could be pretext. Foster v. Mountain Coal Company, No. 15-1025, July 26, 2016 (10th Cir.)
-
Why employers must set harassment policies in motion
January / February 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 641
Abstract: Recently, the Fifth Circuit Court of Appeals decided whether a trial court had erroneously granted summary judgment in favor of an employer in a Title VII sexual harassment claim. At issue in the case was whether the employer, simply by having a harassment policy, had done enough to prevent claims. This article relates the details and urges employers to clearly explain their harassment policies to employees. Pullen v. Caddo Parish School Board, No. 15-30871, July 20, 2016 (5th Cir.)
-
Dead end – Discrimination case bumps up against limits of Title VII
January / February 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 751
Abstract: Both employees and employers may be surprised to learn that sexual orientation isn’t a protected class under Title VII of the Civil Rights Act. When an employee accused her former employer of discrimination, she encountered unexpected obstacles. This article summarizes the Seventh Circuit Court case and explains why the appeals court couldn’t entertain the employee’s claim. Hively v. Ivy Tech Community College, South Bend, No. 15-1720, July 28, 2016 (7th Cir.)
-
What makes a leader an executive? Appeals court considers a key FLSA exemption
January / February 2017
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 956
Abstract: Overtime pay under the Fair Labor Standards Act (FLSA) continues to be a contentious issue in U.S. courts. This article discusses a recent case in which the Eighth Circuit decided whether employees who worked as team leaders fell under the FLSA’s executive exemption. The case hinged on whether the employees’ hiring and firing recommendations had “particular weight.” A sidebar describes a similar case where a court couldn’t make a conclusive determination. Garrison v. ConAgra Packaged Foods, Nos. 15-1177/15-1428, August 15, 2016 (8th Cir.) Lankford v. Double Eagle Sports and Events, No. 14-cv-0083, March 10, 2016 (N.D. AL)
-
COMPLIANCE ALERT
February / March 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 168
Abstract: This feature lists a few key tax reporting deadlines for February through April.
-
2016 vs. 2017 retirement plan limits
February / March 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 96
Abstract: This chart contains updated retirement plan limits for 2017.
-
Hardship withdrawal programs require strict administration
February / March 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 810
Abstract: While not required, most 401(k) plans offer a hardship withdrawal option. The IRS recently updated its guidance on how plan sponsors can remedy errors in the administration of hardship withdrawals. This article highlights the basics of hardship withdrawals and how to correct mistakes when administering a hardship withdrawal program.
-
Who’s to blame? Court equitably apportions fiduciary misdeeds
February / March 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 490
Abstract: When a fiduciary breach occurs, some fiduciaries may be more culpable than others. And when that’s the case, the court can order those parties to indemnify other fiduciaries who were, despite their technical status as fiduciaries, without blame. This article summarizes a recent case of the U.S. Court of Appeals for the Seventh Circuit where the court equitably apportioned relief in a fiduciary duty setting.
-
Get your fiduciary house in order – DOL’s newest regulations require plan sponsor action
February / March 2017
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 874
Abstract: The majority of the U.S. Department of Labor’s complex regulations mandating fiduciary status for individuals dealing with retirement investment decision-making involve investment advisors. But the regulations, which are scheduled to take effect on April 10, 2017, also require plan sponsors to take certain steps. Remember, plan sponsors are always the fiduciary, and the regulations expand the definition of fiduciary status. A sidebar discusses the distinction between investment education and investment recommendations or advice.
-
Where’s the proof? Why successful discrimination claims require support
November / December 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 548
Abstract: For an employee to receive equitable relief on a Title VII discrimination claim, the individual must be able to prove damages. This article discusses an Eighth Circuit case in which the employee claimed discrimination based on his Mexican ancestry, yet failed to set forth a prima facie case for equitable damages. Specifically, he asked for job reinstatement and compensatory pay, which the court denied. Olivares v. Brentwood Industries, No. 15-2674, May 13, 2016 (8th Cir.)