Employee Benefits / Employment Law / HR

Showing 609–624 of 638 results

  • WARN Act doesn’t require double payment of wages

    July / August 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 558

    Abstract: This article discusses laid-off employees’ claims that their ex-employer owed them wages under the Worker Adjustment and Retraining Notification Act even though they had begun to work for a successor company. The Fourth Circuit rejected their claim that they had suffered an employment loss, defined as “an employment termination other than a discharge for cause, voluntary departure, or retirement,” on the day the plant shut down. WARN requires employers to provide 60 days’ notice of the date of employment loss resulting from a shutdown, not from the date of the shutdown itself. Long v. Dunlop Sports Group Americas

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  • A professor’s alleged in-office pornography leads to multiple claims

    July / August 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 626

    Abstract: The questions before the Second Circuit were: Did a professor discriminate against his secretary on the basis of gender? Did his leaving pornography on her computer subject her to a hostile work environment? Did she suffer an adverse employment action constituting retaliation when he reduced her duties, after she’d complained about the hostile work environment? This article describes the court’s answers and also includes a sidebar on a related decision. Patane v. Clark, Burlington Northern and Santa Fe Railway v. White

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  • Is depression covered by the ADA and FMLA?

    July / August 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1028

    Abstract: Did firing an employee who suffered from depression violate the Americans with Disabilities Act and the Family and Medical Leave Act? This article discusses why the Eighth Circuit decided that the employee hadn’t met other ADA requirements and also hadn’t given sufficient details about her depression to warrant triggering the FMLA. A sidebar discusses why the Eighth Circuit upheld a jury’s finding that a manager’s depression substantially limited his ability to think and concentrate, so his depression constituted a disability under the ADA. Rask v. Fresenius Medical Care, Battle v. United Parcel Service

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  • Location, location, location – In discrimination cases, where a promotion is offered can make a difference

    July / August 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 591

    Abstract: The Seventh Circuit had to decide whether an employer racially discriminated against a black assistant manager when it offered to promote him to manage stores in black areas but not in predominantly white ones. This article explains why the court found that the employer had discriminated. Simple v. Walgreen Co.

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  • 457(b) plans: A potential winner for eligible organizations

    June / July 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 312

    Abstract: 457(b) plans are available only to state and local government employers or nonprofit organizations. This brief article discusses how they can potentially double the allowable annual contribution for certain employees of specific types of employers.

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  • Self-directed brokerage accounts – Investment alternative for qualified plans offers pros and cons

    June / July 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 688

    Abstract: Some qualified plan participants may inquire about having access to a self-directed brokerage account as an investment alternative. Although these accounts do provide participants with greater choices, they also pose some risks to plan sponsors, and opinions among sponsors vary regarding the wisdom of offering them. This article takes a closer look at the pros and cons of this option.

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  • The time is now – Qualified default investment options a new reality

    June / July 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1036

    Abstract: What happens to a participant’s contribution when money is put into that participant’s account but he or she hasn’t completed the election form? Plan sponsors have wrestled with this question. This article examines how the Pension Protection Act of 2006 (PPA) has provided guidance as to ways to direct this money while also providing fiduciaries with some measure of protection.

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  • Does your benefit plan require a Form 5500 audit?

    June / July 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 810

    Abstract: When filing the annual Form 5500, some retirement plans are required to include an opinion from an independent qualified public accountant (IQPA). The IQPA examines the plan’s financial statements and schedules to ensure they’re presented fairly and in conformity with Generally Accepted Accounting Principles (GAAP). This article reviews which plans must include an audit, what the exceptions are and new 403(b) plan audit requirements.

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  • Handbooks must be clear to average employee

    May / June 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 585

    Abstract: Could a teenage employee’s sexual-harassment case proceed to trial against Burger King even though she hadn’t followed the employee handbook’s harassment reporting procedure? That was the question before the Seventh Circuit. This article explains the court’s ruling that the reporting procedure was confusing even to adults. EEOC v. V & J Foods Inc., 507 F.3d 575 (7th Cir. 2007)

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  • Is direct notice required for FMLA leave?

    May / June 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 929

    Abstract: Sometimes an employee’s behavior can be enough to trigger an employer’s obligations under the Family and Medical Leave Act (FMLA). This article discusses why the Seventh Circuit reached that conclusion. A sidebar discusses Congress’s first expansion of the FMLA since it was enacted in 1993. The National Defense Authorization Act amends the FMLA to require employers to provide 12 weeks of FMLA leave during a 12-month period to the spouses, children or parents of members of the armed forces called to active duty. The sidebar explains this and other mandates in the new law. Stevenson v. Hyre Electric Co., 505 F.3d 720 (7th Cir. 2007)

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  • Employer didn’t violate duty to accommodate Sabbath observer

    May / June 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 799

    Abstract: This article explores a case in which the Sixth Circuit held that loss of pay couldn’t be considered discipline for an employee’s failure to comply with an employment requirement that conflicted with his religious beliefs. A sidebar discusses why the Seventh Circuit ruled that conduct trumps beliefs. It held that teachers and other public school employees have no right to make the promotion of religion part of their job descriptions. Tepper v. Potter, 505 F.3d 508 (6th Cir. 2007) Grossman v. South Shore Public School Dist., 507 F.3d 1097 (7th Cir. 2007)

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  • “Sexual harasser” vs. “retaliation victim” – Court focuses on pretext, timing and connections

    May / June 2008
    Newsletter: Employment Law Briefing

    Price: $225.00, Subscriber Price: $157.50

    Word count: 663

    Abstract: This article discusses the First Circuit’s ruling that a company was justified in firing an employee for sexually harassing a female co-worker, and why the court rejected the plaintiff’s allegation that the firing was in retaliation for having complained about age discrimination. Bennett v. Saint-Gobain Corp., 507 F.3d 23 (1st Cir. 2007)

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  • Plan fees: Who pays what?

    April / May 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 382

    Abstract: Plan sponsors have a fiduciary duty to monitor the fees charged within the plan, including those charged directly — or indirectly — to participants. ERISA requires only that the plan expenses be reasonable and proper. It’s up to the plan sponsor (fiduciary) to determine whether the employer or the participants will pay any given fee. This brief article discusses when the employer or the participants normally pay the cost of a specific fee.

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  • Staggering into the new world – The IRS’s new amendment submission deadlines

    April / May 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 690

    Abstract: A few years ago, the IRS established a system for cyclical remedial amendment periods for pre-approved and individually designed retirement plans. Now, the IRS has replaced the original rules with a new set of staggered submission deadlines. This article looks at the differences between the old system and the new system and the deadlines that apply to various plan types.

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  • The Pension Protection Act of 2006 – Keep your defined benefit plan up-to-date

    April / May 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 1029

    Abstract: While 401(k) plans and other defined contribution (DC) plans have become more common over the past 20 years, defined benefit (DB) plans have remained a way for firms to compensate key employees. But the Pension Protection Act of 2006 (PPA) made significant funding changes to DB plans. This article examines the changes that take effect in 2008.

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  • It’s not over until it’s over – How to terminate a qualified plan

    April / May 2008
    Newsletter: Employee Benefits Update

    Price: $225.00, Subscriber Price: $157.50

    Word count: 888

    Abstract: Plan terminations are something most plan sponsors never intend to face. But when terminations do occur, plan sponsors and administrators must follow certain rules and regulations. Failure to do so can result in the loss of the plan’s qualified status after termination. This article discusses voluntary and involuntary terminations, the termination process, requirements under the Pension Protection Act of 2006 and whether a merger of plans constitutes a termination.

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