Employee Benefits / Employment Law / HR
Showing 641–653 of 653 results
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Harassers needn’t know victim’s actual national origin
March / April 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 526
Abstract: This article discusses why the Fifth Circuit decided that a Muslim car salesman from India could sustain his suit for national origin and religious harassment even though his alleged harassers had mistakenly called him “Arab” and “Taliban.” EEOC v. WC&M Enterprises, 496 F.3d 393 (5th Cir. 2007)
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Internal affairs – Don’t leave your business open to disparate-treatment charges
March / April 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 600
Abstract: Can a woman who had an extramarital affair with a male co-worker claim gender discrimination when the company fires only her, not the co-worker? This article discusses why the Seventh Circuit said no. Hossack v. Floor Covering Associates, 492 F.3d 853 (7th Cir. 2007)
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Definitions key in determining FMLA eligibility
March / April 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 551
Abstract: The Sixth Circuit held that denying leave to care for an adult daughter and a newborn grandchild didn’t violate the Family and Medical Leave Act. The court found that the FMLA doesn’t entitle an employee to leave to care for a grandchild, and it authorizes leave to care for children who are 18 or older only if they suffer from a serious health condition and are “incapable of self-care because of a mental or physical disability.”Novak v. MetroHealth Medical Center, 503 F.3d 572 (6th Cir. 2007)
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Is obesity a disabling impairment under the ADA?
March / April 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 733
Abstract: That was the question before the Eleventh Circuit. It had to decide whether obesity and related medical conditions constituted a disability under the Americans with Disabilities Act. This article discusses why the court held that the plaintiff wasn’t disabled under the ADA. In a sidebar, this article also explains why a federal trial court held that episodic or medication-controlled conditions aren’t ADA-defined disabilities. Greenberg v. BellSouth Telecommunications Inc., 498 F.3d 1258 (11th Cir. 2007) Wofsy v. Palm Shores Retirement Community, 2007 U.S. Dist. LEXIS 68819 (D.Fla. 2007)
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The final word on Roth 401(k) plan distributions
February / March 2008
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 372
Abstract: Although Roth 401(k) deferrals were allowed as early as January 2006, questions on the taxation of distributions from these accounts weren’t answered until the IRS issued its final regulations. This short article looks at several highlights of the final regulations.
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What’s on the menu? Changes in Section 125 cafeteria plans
February / March 2008
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 568
Abstract: Section 125 plans, better known as cafeteria plans, offer employees an opportunity to participate in health insurance and other employer benefits on a pretax basis. Starting in January 2009, new regulations will apply to these types of plans. This article discusses the clarifications and changes to the law.
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2008 vs. 2007 retirement plan limits
February / March 2008
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 105
Abstract: This brief chart highlights relevant changes to plan limits for 2008.
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Don’t be late – The Voluntary Fiduciary Correction Program can help
February / March 2008
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 798
Abstract: One of the most common ERISA violations is an employer’s failure to timely remit participant salary deferrals or participant loan repayments to a qualified plan. Fortunately, the Voluntary Fiduciary Correction Program (VFCP) provides employers with an easy way to self-correct such ERISA violations such as this. This article examines VFCP updates that make the program simpler to use and expand the types of correctable transactions.
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Welcome back! Break-in-service rules and returning employees
February / March 2008
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 975
Abstract: If an employee leaves a company and then is rehired, this may affect the employee’s participation in a qualified retirement plan. It doesn’t matter what type of plan you sponsor because the break in-service rules apply to all qualified retirement plans. This article looks at the types of breaks in service that qualify and how to determine when an employee can re-enter or enter the plan.
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Reverse religious discrimination alleged
January / February 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 701
Abstract: The question before the Ninth Circuit was whether a plaintiff could maintain her claim of reverse religious discrimination for her employer’s failure to promote her. Reversing a grant of summary judgment, the Ninth Circuit held that the plaintiff had presented evidence showing that she was more qualified for the job than the promoted person and that a reasonable fact-finder could find that her evidence made the employer’s proffered reasons “unworthy of credence.” Noyes v. Kelly Services, 488 F.3d 1163 (9th Cir. 2007)
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ADA interactive process clarified
January / February 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 819
Abstract: The Americans with Disabilities Act requires an interactive process between an employer and an employee who requests an accommodation because of a disability. This article reports the Eighth Circuit’s detailed description of the process. The article also discusses, in a sidebar, why the ADA doesn’t require an employer to reassign a qualified disabled employee to a vacant position if that would violate the employer’s legitimate nondiscriminatory policy to hire the most qualified candidate. EEOC v. Convergys Customer Management Group, 491 F.3d 790 (8th Cir. 2007) Huber v. Wal-Mart Stores, 493 F.3d 1002 (8th Cir. 2007)
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Employer’s harassment liability when victim fails to follow report procedure
January / February 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 803
Abstract: The Seventh Circuit answered this question in the affirmative. The court reinstated the employee’s suit, finding that a jury could reasonably find that the employer had acted negligently in discovering or remedying the alleged harassment. Bombaci v. Journal Community Publishing Group, 482 F.3d 979 (7th Cir. 2007)
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Punitive damages require malice or reckless indifference
January / February 2008
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 709
Abstract: The Sixth Circuit ruled that an employer wasn’t off the hook for punitive damages for sexual harassment, even though it claimed that it hadn’t acted with the requisite malice or reckless indifference. This article explains why the court reinstated a jury’s $75,000 punitive-damages reward to an employee. Parker v. General Extrusions Inc., 491 F.3d 596 (6th Cir. 2007)