Employee Benefits / Employment Law / HR
Showing 497–512 of 653 results
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“Minor annoyances” or sex-based discrimination?
January / February 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 677
Abstract: When a female field technician for a telecom suffered discriminatory treatment and gender-related verbal abuse, the company claimed that the complained-of conduct amounted to nothing more than minor annoyances and inconveniences — but the court felt otherwise. This article explains that, although Title VII of the Civil Rights Act of 1964 wasn’t created with the intent of creating a “code of civility” in the workplace, severe or pervasive conduct could very well be held to create a hostile work environment in a court of law. Pucino v. Verizon Communications Inc., No. 09-1306-cv, August 13, 2010 (2nd Cir.)
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Employee sues over fitness-for-duty exam
January / February 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 639
Abstract: A year after suffering a head injury in an off-duty car accident, a police officer returned to work. But temperamental conflicts with his superiors led to his being put on administrative leave and ordered to undergo a fitness-for-duty exam. He sued, arguing that the employer couldn’t meet the “business necessity” standard without showing that his job performance had suffered because of health problems. This article explains why the court disagreed. Brownfield v. City of Yakima, No. 09-35628, July 27, 2010 (9th Cir.)
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Doctor’s orders – Company disputes physician’s assessment of pregnant welder
January / February 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 823
Abstract: Did one employer engage in discrimination when it disallowed a pregnant employee from resuming her work as a welder — even though a physician had cleared her to do so? This article shows how the court considered whether, instead of objectively evaluating the plaintiff’s ability to perform her job while pregnant, the employer subjectively determined that her pregnancy made her unable to weld. Spees v. James Marine, Inc., No. 09-5839, August 10, 2010 (6th Cir.)
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COMPLIANCE ALERT – Upcoming compliance deadlines:
Year End 2010
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 63
Abstract: A brief list of key compliance deadlines for late 2010 and early 2011.
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How paid time off can make a contribution
Year End 2010
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 413
Abstract: The IRS has established paid time off contribution arrangements that allow employees with unused leave and vacation time to convert these dollars to retirement plan contributions. This article explains why this is good news for plan sponsors who are looking for ways to boost benefits without breaking the bank.
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5 highlights of MetLife’s employee benefits trends study
Year End 2010
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 308
Abstract: MetLife recently published its eighth annual Study of Employee Benefits Trends, which is a compilation of the results of surveys of employers and employees about issues that are facing the U.S. benefits industry today. This brief article highlights five of the study’s major findings.
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Getting to know the tax code – 401(k) plan design defined by IRS rules
Year End 2010
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 758
Abstract: The name “401(k) plan” should provide the first hint that qualified retirement plan design is governed, in part, by the IRS. While Internal Revenue Code (IRC) Section 401(k) governs many aspects of qualified retirement plans, other IRC sections govern coverage requirements, employee contributions and the elective deferral limit. This article summarizes some of these rules and how they can impact a plan’s design and its ultimate success.
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Back to the future – Should defined contribution plans offer lifetime income?
Year End 2010
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 846
Abstract: Employer-sponsored plans have become the most common way to provide retirement income for many workers. In the past 20 years, the retirement plan of choice has shifted from defined benefit (DB) plans to defined contribution (DC) plans. The Department of Labor (DOL) and Department of the Treasury are working with the retirement plan industry to increase the use of another option. This article discusses the agencies’ Request for Information to determine whether to take steps to enhance retirement benefits with arrangements that provide for a lifetime stream of income at retirement, similar to DB plans.
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Standing PAT – Employer’s physical fitness test plays role in discrimination suit
November / December 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 829
Abstract: A female truck driver who, after some difficulty, managed to be transferred to a more physically demanding driving job was fired not long afterward, after failing a physical ability test. She filed a lawsuit alleging sex discrimination. This article looks at the findings of the appeals court, which agreed with her that the test had been administered selectively.
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Rolling trouble: Runaway truck leads to ADEA case
November / December 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 714
Abstract: Many lawsuits spring from alleged unlawful termination. But this article looks at one case in which the court considered whether an employer had violated the Age Discrimination in Employment Act (ADEA) when it wouldn’t reinstate a driver after an accident. This case wasn’t about the driver’s termination, which both parties agreed was based on a legitimate disciplinary policy. Rather, the case focused on the allegedly discriminatory refusal to reinstate the plaintiff as other, younger employees had been after being fired for the same or similar conduct.
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Compensation strategy runs into FLSA turbulence
November / December 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 618
Abstract: A worker filed a lawsuit alleging that his company had failed to properly pay him overtime under the FLSA. This article looks at the appeals court’s decision that the defendant had tried to avoid paying the worker a higher “regular rate” by artificially designating a portion of his wages as “straight time” and a portion as “per diem.”
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Basketball fans or retaliators? Collegiate athletic symbol prompts lawsuit
November / December 2010
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 874
Abstract: When an outspoken advocate on Native American issues underwent an interview for a job promotion at his college, he was offended that two interviewers sported T-shirts with the image of a mascot he considered offensive, and he lodged a protest. No one was promoted at that time, but he re-interviewed later and was denied the promotion. He filed a lawsuit, claiming retaliation. This article discusses the decision of an appeals court, which found that the six-month lag between his complaint and unsuccessful interview was too long to infer a link between the two. But a sidebar looks at a different case in which an even longer time lag was not an impediment.
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COMPLIANCE ALERT – Upcoming compliance deadlines:
October / November 2010
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 52
Abstract: A brief list of key tax reporting deadlines for the final quarter of 2010.
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Are you ready for the final investment advice regulations?
October / November 2010
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 302
Abstract: Earlier this year, the Department of Labor (DOL) announced its revised proposed investment advice regulations on 401(k) plans and other retirement arrangements. This brief article recaps the 2009 final regulations and highlights the changes in the proposed regulations.
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Following a new trend – District court rules for plan administrator in excessive fee case
October / November 2010
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 593
Abstract: George v. Kraft Foods Global, Inc. involves a class action suit brought on behalf of participants of a 401(k) plan sponsored by Kraft Foods Global, Inc. The plaintiffs challenged plan fees charged for various administrative and investment services, as well as the structuring of company stock fund investment options as “unitized funds.” This article summarizes the U.S. District Court’s opinion dismissing the claims, following a recent trend favoring plan administrators in “excessive fee” suits.
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The alphabet soup of “A” players – Selecting and evaluating plan consultants
October / November 2010
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 729
Abstract: To maintain a successful retirement plan, a plan’s sponsor must blend appropriate investment choices with proficient compliance administration and timely, accurate recordkeeping. Outside experts — such as benefits advisors, third-party administrators (TPAs), actuaries, attorneys and accountants — can play a role in your plan’s compliance and administration. This article looks at these different consultants.