Employee Benefits / Employment Law / HR
Showing 561–576 of 653 results
-
Spouse vs. estate vs. retirement plan beneficiary forms
October / November 2009
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 290
Abstract: Just how important are those beneficiary forms that participants fill out when entering a retirement plan? Very! This article summarizes a U.S. Supreme Court ruling that a plan’s beneficiary form took precedence over a divorce decree.
-
Electronic filing tips for 2009 Form 5500
October / November 2009
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 604
Abstract: Beginning with the 2009 plan year, there will be some major changes in Form 5500 filings for retirement, welfare and 403(b) plans. EFAST2 — the Department of Labor’s (DOL’s) second generation ERISA Filing Acceptance System — is expected to be operational beginning Jan. 1, 2010. This article reviews the new program and its requirements.
-
Are you asking the right questions? Year end retirement plan considerations
October / November 2009
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 787
Abstract: With the calendar year end fast approaching, plan sponsors have a lot on their minds. Tax ramifications, ERISA compliance concerns and other important retirement plan matters all merge at this time of year. This article asks some questions that all employers should be considering.
-
Selecting the right specialists for your plan
October / November 2009
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 798
Abstract: Plan sponsors often select several specialists to handle various responsibilities related to their qualified retirement plans. A full understanding of these key players can help you decide if you’re paying the best price for services and protecting your plan’s investments. This article reviews the various specialists and their functions to help ensure employers make the most informed choices.
-
Regarding guns, OSHA and the workplace …
September / October 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 536
Abstract: When the Oklahoma legislature prohibited property owners from banning the storage of firearms locked in vehicles located on their property, a district court ruled that the prohibition was preempted by the Occupational Safety and Health Administration’s (OSHA’s) general duty clause. An appeals court discussed its reasoning in reaching a different conclusion. Ramsey Winch Inc. v. C. Brad Henry, 555 F.3d 1199 (10th Cir. 2009)
-
Workforce reduction cuts along gender lines
September / October 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 604
Abstract: When a moving company laid off 12 women and one man, four of the laid-off female employees sued it in federal court, alleging gender discrimination on the theory of disparate impact. The plaintiffs challenged the company’s “particular employment practice” of selecting only predominantly female departments for the RIF, but the appeals court explained that the only questions were whether there was an identifiable disparity and, if so, whether the challenged employment practice could have caused the disparity. The court then ran a statistical analysis to help it arrive at a decision. Shollenbarger v. Planes Moving and Storage, 297 Fed. Appx. 483 (6th Cir. 2008)
-
Independent contractor vs. employee – Another battle is fought in the IT realm
September / October 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 915
Abstract: The independent contractor vs. employee battle has been fought in many sectors. Among the most common is the IT realm, where contract work often goes on for prolonged periods. When one spouse charged that her late husband’s relationship with his company should be considered that of an “employee” for compensation purposes, an appeals court took a look at the issues. Estate of Suskovich v. Anthem Health Plans of Va., Inc.
-
Who’s watching the watcher? Discrimination suit puts EEOC under scrutiny
September / October 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 1053
Abstract: Like other litigants, federal, state and local governmental agencies sometimes act inappropriately in pursuing legal cases against those they accuse of having violated the law. When a truck driver claimed his employer had failed to accommodate his medical condition, an overzealous investigator rendered a conclusion that was ultimately refuted by both a district court and an appellate court. A sidebar discusses the damages award. This case reminds us that governmental agencies can be held accountable for their inappropriate conduct by the courts. EEOC v. Agro Distrib. LLC, 2009 U.S. App. LEXIS 959 (5th Cir. Miss. 2009)
-
3 retirement benefits options for small businesses
August / September 2009
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 325
Abstract: For small business owners, a 401(k) plan may be impractical. Yet helping employees save for their retirement is a perk for many businesses. This brief article explains three possible alternatives, and two of them allow employees to save quite a bit more than they can with a traditional IRA.
-
American Recovery and Reinvestment Act of 2009 – What you need to know about changes to COBRA coverage
August / September 2009
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 435
Abstract: The American Recovery and Reinvestment Act of 2009 (ARRA) makes substantial changes to COBRA coverage, including the addition of a government subsidy for medical premiums. Signed into law earlier this year, ARRA affects employers with 20 or more employees who maintain group health plans. This article summarizes the changes made to COBRA under the act.
-
Is your plan ready for automatic enrollment? IRS issues final regulations
August / September 2009
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 764
Abstract: Final IRS regulations now in effect encourage greater retirement plan participation through two types of automatic enrollment arrangements: qualified automatic contribution arrangements (QACAs) and eligible automatic contribution arrangements (EACAs). This article provides some highlights of each arrangement.
-
IRS simplifies timing of taxes on ADP corrections
August / September 2009
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 860
Abstract: Many plans that provide for elective contributions are subject to the actual deferral percentage (ADP) test. This test limits the amount that certain plan benefits provided to highly compensated employees (HCEs) may exceed benefits provided to nonhighly compensated employees (NHCEs). A failing ADP test is something that many plans have to face at some point in time. While this sounds intimidating, the fix is actually pretty easy under new IRS requirements. This article takes a look at the law and provides a few examples.
-
Acting in good faith at question in FLSA case
July / August 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 568
Abstract: A five-restaurant chain failed to pay overtime to employees whose weekly hours totaled more than 40 when working at more than one location. When the case went to court, the owners claimed they weren’t aware that they owed overtime pay. And so arose the case of Chao v. Barbeque Ventures LLC, in which the Eighth Circuit had to decide whether those owners had acted in good faith to meet the requirements of the Fair Labor Standards Act. Chao v. Barbeque Ventures, LLC, 547 F.3d 938 (8th Cir. 2008) Goldberg v. Kickapoo Prairie Broadcasting Co., 288 F.2d 778 (8th Cir. 1961)
-
The Family and Medical Leave Act – Think twice before firing someone on qualified leave
July / August 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 1113
Abstract: In Martin v. Brevard County Public Schools, the Eleventh Circuit decided whether a hire was eligible for leave under the Family and Medical Leave Act (FMLA). The employee took the leave as scheduled, but the district notified him that it wouldn’t renew his contract because he hadn’t completed a required performance improvement plan. He sued, alleging interference with his FMLA rights and retaliation for taking leave. In this case, the employee won the right to go to trial. But a sidebar illustrates a different case in which an employee’s argument was rejected. Martin v. Brevard County Pub. Sch., 543 F.3d 1261 (11th Cir. 2008) Bass v. Lockheed Martin Corp., 287 Fed. Appx. 808 (11th Cir. 2008)
-
Did employee’s cooperation lead to employer’s retaliation?
July / August 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 554
Abstract: One of the stated purposes of Title VII is to protect workers from employment retaliation. But does its protection extend to employees who are fired after they cooperate with an employer’s discrimination investigation — even though they themselves didn’t initially complain of the discrimination at issue? This was the question in one case before the U.S. Supreme Court. Crawford v. Metro. Gov’t of Nashville & Davidson County, 129 S. Ct. 846 (U.S. 2009)
-
New wage bias act reverses Supreme Court’s Ledbetter decision
July / August 2009
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 797
Abstract: The new Lilly Ledbetter Fair Pay Act reverses the Supreme Court’s decision in Ledbetter v. Goodyear Tire & Rubber Co. The new act permits employees to file charges within 180 or 300 days after each instance of receiving compensation based on discriminatory motives (as opposed to the same period after first discovering they’d been discriminated against). This article discusses the particulars of the case, while a sidebar uses a different case to show that, while the Ledbetter Act may open the door to more lawsuits, it doesn’t ease the actual criteria in proving them. Ledbetter v. Goodyear Tire & Rubber Co., 550 U.S. 618 (U.S. 2007) Virgona v. Tufenkian Import-Export Ventures, Inc., 2008 U.S. Dist. LEXIS 72139 (S.D.N.Y. 2008)