Employee Benefits / Employment Law / HR

Showing 593–608 of 638 results

  • Beware of pretextual firing reasons

    November / December 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 615

    Abstract: A federal trial court in New York held that a white photographer who was replaced by a black photographer could maintain an action for race discrimination. The court cited evidence from which a reasonable fact finder could conclude that the firing decision was a pretext for unlawful discrimination based on race. Maioriello v. New York State Senate. 2008 U.S. Dist. LEXIS 10439 (N.D.N.Y. 2008)

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  • Offensive language can create a hostile work environment

    November / December 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 727

    Abstract: Did daily exposure to language and radio programming that could be construed as offensive to women but wasn’t targeted at the plaintiff meet the elements of a hostile-work-environment claim under Title VII? The Eleventh Circuit decided that it did. Reeves v. C.H. Robinson Worldwide, Inc., 525 F.3d 1139 (11th Cir. 2008)

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  • Employee fired for on-the-job sleeping alleges retaliation

    November / December 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 642

    Abstract: The Eighth Circuit ruled that firing an employee for sleeping on the job wasn’t a pretext for retaliating against him for having previously complained of national-origin discrimination. Soto v. Core-Mark International Inc., 521 F.3d 837 (8th Cir. 2008)

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  • When must employers pay for commuting time?

    November / December 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 613

    Abstract: That was the question before the Second Circuit when fire-alarm inspectors alleged they were entitled to portal-to-portal pay under the Fair Labor Standards Act because the briefcases of documents they were required to carry to and from work increased their commuting time. This article explains why the court didn’t buy their argument. Singh v. The City of New York, 524 F.3d 361 (2d Cir. 2008)

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  • Make corrections before they cost you

    October / November 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 851

    Abstract: Retirement plans must achieve and maintain qualified plan status to avoid plan disqualification and surrendering tax-advantaged status. Both the Department of Labor (DOL) and IRS take into consideration that mistakes happen for various reasons. This article discusses the DOL and IRS programs that plan sponsors can use to correct violations.

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  • Why a cash balance plan may be right for you

    October / November 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 933

    Abstract: Before the Pension Protection Act of 2006 (PPA), cash balance plans operated basically without official IRS approval because the agency didn’t issue many determination letters for them. Provisions in the PPA gave these plans the green light, however, and cash balance plans can stand up and take a bow. This article takes a closer look at what these plans are and the types of organizations that can benefit from them.

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  • “WRAP” welfare benefit plan documents

    October / November 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 292

    Abstract: When an employer provides several “welfare” benefits, such as health, dental and vision coverage, the Department of Labor (DOL) considers each benefit its own separate plan. These individual plans require separate Form 5500 filings. This brief article examines a common technique in which employers can “wrap” their welfare plans into a single plan.

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  • In-service distributions – Show them the money

    October / November 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 755

    Abstract: When are active employees eligible to take an “in-service” distribution from a qualified retirement plan? Participants may think that, because the money is “theirs,” they can get to it at any time. This article reviews when in-service distributions are allowed.

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  • Diabetes and the ADA

    September / October 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 891

    Abstract: The question before the court was whether an employee’s Type II diabetes interfered with the major life activity of eating, qualifying her as disabled under the Americans with Disabilities Act. This article discusses why the court held that a trial was necessary to establish the facts. A sidebar to this article discusses why the Sixth Circuit held that diabetes wasn’t a disability under the Americans with Disabilities Act in the case of a plaintiff who failed to prove that he was substantially limited in the major life activities of seeing and caring for himself. Robbins v. WXIX Raycom Media, S.D. Ohio, No. 1:06cv278, 3/5/08. Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, 534 U.S. 184 (2002). McPherson v. Federal Express Corp., No. 03-2006B, 2005 WL 3008648 (W.D. Tenn. Nov. 8, 2005).

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  • Employer needn’t provide Sabbath observer’s preferred accommodation

    September / October 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 609

    Abstract: This article explains why the Fourth Circuit ruled that an employer had reasonably accommodated the religious beliefs of a worker who was unable to work on Saturdays and religious holidays. EEOC v. Firestone Fibers and Textiles Co., 06-2203 (4th Cir. Feb. 11, 2008).

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  • Sexual harassment suit hinges on physician’s employment status

    September / October 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 754

    Abstract: The Second Circuit had to decide whether a specialist was a hospital employee, and thus eligible to sue for harassment under Title VII, or an ineligible independent contractor. This article discusses why the court held she was a hospital employee. Salamon v. Our Lady of Victory Hospital, 2d Cir., No. 06-1707, Jan. 16, 2008. Nationwide Mutual Insurance Co. v. Darden, 796 F.2d 701 (4th Cir. 1991).

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  • Does job title exempt an employee from overtime pay?

    September / October 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 758

    Abstract: That was the question before the Eleventh Circuit. This article explains why the court held that a grocery chain’s laid-off “store managers” were entitled to overtime pay under the Fair Labor Standards Act because their primary duties weren’t managerial. Rodriguez v. Farm Stores Grocery, Inc., F.3d, 2008 WL 215817, C.A.11 (Fla.), January 28, 2008 (NO. 06-13303, 06-13186).

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  • How to identify and correct SIMPLE or SEP plan errors

    August / September 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 395

    Abstract: The IRS is well aware that some plan sponsors and administrators struggle to keep their Savings Incentive Match Plans for Employees (SIMPLEs) and Simplified Employee Pension (SEP) plans in compliance. This brief article outlines what plan sponsors and administrators of these types of plans should be aware of, and the resources available to correct plan failures.

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  • Education never ends – Keep your plan participants up to date

    August / September 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 631

    Abstract: Plan sponsors have a fiduciary responsibility to educate their participants in retirement planning. Many plan sponsors believe they have education covered with normal vendor/broker enrollment meetings and stuffers sent in the participant statements. Although these offerings are a good start, several studies by a Stanford University economics professor have shown that these passive forms of education are ineffective and often ignored by participants. This article discusses how education can affect your employee benefit plan.

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  • Are your plan documents ready for EGTRRA restatement?

    August / September 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 818

    Abstract: It’s common for qualified retirement plans to use preapproved IRS plan documents. The IRS, however, has “restated” many of the prototype documents this year to comply with the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA), and plan sponsors will need to restate their plan documents to match those of the IRS by April 30, 2010. This article takes a look at what this means for plan sponsors.

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  • Defining the role of a plan fiduciary

    August / September 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 924

    Abstract: If you’re a retirement plan sponsor, no doubt you’ve heard or read the term “fiduciary” quite a bit. But does it include you? If it does, should you worry about innocent plan mistakes or only significant reporting matters? This article helps define who is a plan fiduciary and discusses the implications for plan sponsors.

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