Employee Benefits / Employment Law / HR
Showing 97–112 of 653 results
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Stem plan leakage by upgrading your 401(k) loan rules and practices
June / July 2018
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 726
Abstract: “Plan leakage” refers to participants allowing their account balances to shrink, because of either loans or hardship withdrawals. Plan loans don’t always result in permanent leakage when they’re repaid, but they still can have adverse long-term consequences for participants. This article reviews how plan loans cause leakage, why plans allow loans, and how employers can help plug the leaks.
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Plan documents: Be proactive to defuse possible landmines
June / July 2018
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 459
Abstract: Sometimes overseeing a retirement plan might feel like navigating a minefield. With proper precautions, however, plan sponsors can get through safely. Case in point: making sure plans operate consistently with their plan documents. This article discusses ERISA requirements and various applicable documents that can be considered plan documents.
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Is your retirement plan successful? Which criteria tell the real story
June / July 2018
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 863
Abstract: Do retirement plans do the job of preparing participants for retirement? And how do employers benchmark their plan’s performance? This article takes a closer look at what criteria to use when benchmarking a plan’s performance, and ways to communicate with participants and keep them on track toward retirement. A short sidebar summarizes a recent report on participants’ retirement readiness.
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Fair Labor Standards Act – DOL targets employer that uses volunteer workers
May / June 2018
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 574
Abstract: Did a company using volunteer workers violate the Fair Labor Standards Act? That was the determination that initiated D.C. District Court case Rhea Lana, Inc. v. U.S. Dep’t of Labor. This article summarizes the case, including the Department of Labor’s grounds for its determination, and the law, including how the FLSA defines “employee.” Rhea Lana, Inc. v. U.S. Dep’t of Labor, No. 1:14-CV-00017, Sept. 26, 2017 (CRC) (D.D.C.)
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Why the Rehabilitation Act encourages active accommodation
May / June 2018
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 614
Abstract: The Rehabilitation Act prevents federal government agencies and contractors from discriminating against disabled individuals. This article looks at an Eleventh Circuit case in which a disabled employee claimed that his employer had failed to make reasonable accommodations under that act. Employees in such circumstances bear the burden of identifying an accommodation. Boyle v. Pell City, No. 16-16362, Aug. 10, 2017 (11th Cir.)
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When do racist comments rise to the level of harassment?
May / June 2018
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 793
Abstract: Recently, the Eighth Circuit weighed the rights of an employee under the National Labor Relations Act and the obligations of an employer under Title VII of the Civil Rights Act. As this article relates, an employee was accused of making racist statements during a lockout and his employer decided not to recall him when the lockout ended. The employer argued that reinstating the employee would conflict with its obligations to maintain a nonhostile work environment. Cooper Tire & Rubber Company v. NLRB, No. 16-2721, Aug. 8, 2017 (8th Cir.)
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Buckle up – Disabled employee bails from rental car agency after bumpy ride
May / June 2018
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 926
Abstract: In a Second Circuit Court of Appeals case, a former rental car agency manager alleged that her employer had created a hostile work environment due to disability discrimination. According to her, the discrimination led to constructive discharge in violation of the Americans with Disabilities Act and Family and Medical Leave Act. This article reviews the case and what the court considered in reaching its decision. A sidebar discusses a similar Seventh Circuit case in which an employee alleged religious discrimination. Lawson v. Homenuk, No. 16-3736-cv, Oct. 11, 2017 (2d Cir.) EEOC v. University of Chicago Hospitals, No. 00-4065, June 2, 2002 (7th Cir.)
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COMPLIANCE ALERT
April / May 2018
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 133
Abstract: This feature lists a few key tax reporting deadlines for April and May.
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DOL increases scrutiny of defined benefit plans
April / May 2018
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 421
Abstract: Defined benefit plan sponsors might be facing tighter scrutiny from the U.S. Department of Labor (DOL). Last year the DOL’s Employee Benefits Security Administration ramped up pension audit operations in its Philadelphia office, and later decided to do so elsewhere, the agency announced at an ERISA Advisory Council meeting. This short article highlights what the DOL is focusing on in their audits.
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Interpretation or statutory violation? Why it matters when deciding remedies
April / May 2018
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 531
Abstract: Do ERISA plan participants who believe a plan has treated them unjustly have to exhaust their administrative remedies before filing an action in court? Last year, the U.S. Sixth Circuit Court of Appeals joined all but two other circuits in finding that plan participants don’t have to do so. This article examines the split between the circuits and the Sixth Circuit’s conclusion. Hitchcock, et al. v. Cumberland Univ., et al., No. 16-5942 (6th Cir. 2017).
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Cash balance plans growing at a double-digit clip
April / May 2018
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 740
Abstract: The hybrid pension design known as the cash balance plan is on a roll. An analysis of the most recent IRS Form 5500 filings available reveals a 17% jump in the number of cash balance plans in 2015, while 401(k) plan formation growth was a meager 3%. This article examines which businesses may be interested in this type of plan.
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Tax Cuts and Jobs Act gives ― and takes away
April / May 2018
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 873
Abstract: While early drafts of the Tax Cuts and Jobs Act (TCJA) proposed significant changes to qualified retirement plans, the version that passed has minimal impact on them. However, the TCJA did make some notable adjustments to the tax treatment of other types of employee compensation and benefits, for both employers and employees. Here’s a closer look at how corporate compensation and family and medical leave tax incentives are affected. A short sidebar discusses the TCJA’s impact on employee achievement awards, moving expenses and transportation fringe benefits.
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Medical leave extension leads to more pain than relief
March / April 2018
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 547
Abstract: Does an extended medical leave qualify as a reasonable accommodation under the Americans with Disabilities Act (ADA)? This article answers that question by summarizing Severson v. Heartland Woodcraft, Inc. In its decision, the Seventh Circuit pointed out that the ADA is an antidiscrimination statute, not a medical leave entitlement, and that accommodations are intended to facilitate work. Severson v. Heartland Woodcraft, Inc., No. 15-3754, Sept. 20, 2017 (7th Cir.)
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Title VII discrimination – When love is in the air — and a supervisor denies it
March / April 2018
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 595
Abstract: An HR manager lied about her romantic relationship with another employee and was terminated by her employer. She claimed that her employer’s questioning constituted sexual harassment under Title VII of the Civil Rights Act. This article reviews the Seventh Circuit’s decision in Owens v. Old Wisconsin Sausage Company, Inc. Owens v. Old Wisconsin Sausage Company, Inc., No. 16-3875, Aug. 31, 2017 (7th Cir.)
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Note to employers: Handle accommodation requests with care
March / April 2018
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 777
Abstract: An employee submitted a note to her employer from her chiropractor requesting a reduced schedule and the employer told her that she needed to submit a physician’s note instead. As this article relates, this exchange eventually led to the employee’s termination. The Eleventh Circuit had to decide whether the employer had failed to accommodate the employee in violation of the Americans with Disabilities Act. Holton v. First Coast Service Options, Inc., No. 16-15289, Aug. 11, 2017 (11th Cir.)
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Reversal of fortune – Did race play a role in an RN’s termination?
March / April 2018
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 910
Abstract: When a Caucasian registered nurse was terminated from his employment, he claimed constructive discharge due to reverse discrimination. But as this article explains, there was some question over whether he could show that his supervisor’s conduct was actionable under Title VII of the Civil Rights Act. This article summarizes the Sixth Circuit case Fletcher v. U.S. Renal Care. A sidebar describes a similar Title VII case decided by the Eighth Circuit. Fletcher v. U.S. Renal Care, No. 17-3327, Sept. 28, 2017 (6th Cir.) Sanders v. Lee County School Dist. No. 1, No. 10-3240, Feb. 28, 2012 (8th Cir.)