Employee Benefits / Employment Law / HR
Showing 177–192 of 653 results
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Employers: Exhaust all options before taking adverse action
November / December 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 602
Abstract: Employers must do more than pay lip service to the Americans with Disabilities Act (ADA): They must exhaust administrative remedies before taking adverse action. This article looks at a Fourth Circuit case involving an employer that required all job applicants to submit to a drug test — and the applicant who claimed his test results were handled unfairly. Lisotto v. New Prime, Inc., No. 15-1273, May 3, 2016 (4th Cir.)
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Great expectations – Employee requests pregnancy accommodation — with mixed results
November / December 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 822
Abstract: Employers should always be careful when weighing pregnancy accommodation requests, even when they’re following facially neutral policies. As this article shows, an employer must do more than provide nondiscriminatory reasons for its failure to accommodate a pregnant worker. It should ensure its policies don’t significantly burden one class of employees. Legg v. Ulster County, No. 14-3636, April 26, 2016 (2nd Cir.) Young v. United Parcel Service, Inc., No. 12-1226, March 25, 2015 (U.S.)
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Outcome of employee classification suit hinges on discord
November / December 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 949
Abstract: Employee or independent contractor? It’s a question few employers can afford to ignore when classifying workers. This article summarizes a case in which the D.C. Circuit considered whether a National Labor Relations Board determination that musicians were employees, not independent contractors, should be upheld. A sidebar explores a related case about whether the workers were entitled to Americans with Disabilities Act and Title VII protections. Lancaster Symphony Orchestra v. National Labor Relations Board, No. 14-1247, April 19, 2016 (D.C. Cir.) Lerohl v. Friends of Minnesota Sinfonia, No. 03-292, Nov. 3, 2003 (8th Cir.)
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COMPLIANCE ALERT
Year End 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 160
Abstract: This feature lists a few key tax reporting deadlines for December and January.
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IRS permits high-earner Roth IRA rollover opportunity
Year End 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 358
Abstract: As highly compensated employee (HCE) 401(k) plan participants approach retirement, a potentially useful tax-efficient IRA rollover technique may be a valuable savings tool. This brief article reviews IRS rules about how HCEs can allocate both pretax and after-tax employee contribution 401(k) assets between standard and Roth IRAs.
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Where’s Waldo? Locating missing plan participants
Year End 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 828
Abstract: It’s not uncommon for previously active employed plan participants to fall off the radar screen. They include retirees and former employees that move away without informing the plan administrator. Before anyone realizes it, they become “lost” participants. This article sets out the steps to take when dealing with these participants.
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Too many investment options may increase litigation risk
Year End 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 621
Abstract: Giving plan participants a wide range of investment options is a good thing — but only to a point. That’s one of multiple allegations in recent class action lawsuits filed against several prominent universities. This article reviews recent litigation, and offers a cautionary note for plan sponsors who offer a high number of investment options.
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Using eligibility rules to control plan enrollment
Year End 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 902
Abstract: Plan sponsors have more flexibility than they may realize when it comes to setting eligibility rules for 401(k) plan participants. Even though ERISA sets many rules for eligibility, plan sponsors have leeway to meet the demands of the employment market. This article offers some thoughts for plan sponsors to consider when determining plan enrollment.
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COMPLIANCE ALERT
October / November 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 96
Abstract: This feature lists a few key tax reporting deadlines for October and November.
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Hybrid pension plan interest credit rule amendment deadline nears
October / November 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 306
Abstract: The deadline for hybrid pension sponsors to adopt plan amendments bringing them into compliance with key provisions of final IRS hybrid plan regulations is fast approaching: January 1, 2017 (2019 for collectively bargained plans). This article reviews the deadline for transitional amendments to satisfy the regulations’ market rate-of-return rule.
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Fair Labor Standards Act update – New employee exempt status threshold rules affect retirement plans
October / November 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 550
Abstract: Changes to the Fair Labor Standards Act (FLSA) that take effect December 1 could have implications for retirement plans. The changes affect what forms of compensation businesses use to calculate employer contributions to their qualified retirement plans and determine highly compensated employee (HCE) status. This article reviews the new exemption rules and how they affect retirement plans.
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IRS places high priority on retirement plan internal controls
October / November 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 725
Abstract: When IRS examiners check under the hood of many retirement plans, they often find a lack of sufficient internal controls. The consequences can be severe — even if an IRS audit doesn’t turn up any other problems. The worst-case scenario? Theft of plan assets that is financially damaging to participants and your company, and can also lead to plan disqualification. This article highlights the importance of internal controls for both retirement plan sponsors and their service providers.
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Small employers on notice – Fiduciary focus important for any size employer
October / November 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 836
Abstract: One recent lawsuit alleging fiduciary duty violations caught the attention of many in the employee benefits business not because of the nature of the charges, but instead because it involved a small employer. A string of large employers have faced similar charges and ultimately compensated participants. Even though the plaintiffs later withdrew their complaint, this article examines why the filing of this case matters. A sidebar offers several methods of allocating recordkeeping fees equitably among participants. Damberg et al v. LaMettry’s Collision Inc., 0:16-cv-01335 (Minn. D.C. 2016)
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Reductions in force may be warranted; discrimination never is
September / October 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 577
Abstract: The decision in a recent Second Circuit case is instructive for employers that are trying to conduct reductions in force without triggering lawsuits under the Age Discrimination in Employment Act. Among other things, this article talks about what plaintiffs must provide to establish a prima facie case of discrimination. Friedman v. Swiss Re America Holding Corp., No. 15-1155, Mar. 18, 2016 (2nd Cir.)
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The administrative exemption: When is an employee owed overtime?
September / October 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 963
Abstract: This article covers a Sixth Circuit case where the court decided whether loan underwriters were — as their former employer argued — exempt from overtime under the administrative exemption of the Fair Labor Standards Act. The court considered whether the employees met the three elements of working in a bona fide administrative capacity. A sidebar describes a similar case where the Fourth Circuit reached a different decision. Lutz v. Huntington Bancshares, Inc., No. 14-3727, March 2, 2016 (6th Cir.) Calderon v. GEICO General Insurance Company, No. 14-2111, Dec. 23, 2015 (4th Cir.)
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Unclear job descriptions can lead to ADA claim confusion
September / October 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 627
Abstract: When an employee was driven out of her job she sued her employer for failing to accommodate her disability. The trial court granted summary judgment in favor of her employer, but the Fourth Circuit had a different opinion. This article outlines the facts of the case and explains why the appeals court reversed the trial court. Stephenson v. Pfizer, Inc., No. 14-2079, March 2, 2016 (4th Cir.)