Employee Benefits / Employment Law / HR
Showing 209–224 of 653 results
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When the dots don’t connect in a retaliation action
May / June 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 759
Abstract: This article covers an appeals court case where the decision hinged on whether the plaintiff could make a causal connection between his former employer’s actions and certain adverse outcomes. It explains the factors for a prima facie case for retaliation under Title VII and Section 1981 and why the court denied the plaintiff’s claims. It also warns employers to provide only “neutral” references for former employees. Mitchell v. Mercedes Benz U.S. International, Inc., No. 15-11786, Dec. 17, 2015 (11th Cir.)
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Age Discrimination in Employment Act – Coupons fail to save employee from termination
May / June 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 665
Abstract: When a 72-year-old salesman was terminated, he sued his employer, claiming the action violated the Age Discrimination in Employment Act (ADEA). This article looks at the details of the case and how the appeals court determined that the plaintiff failed to establish his claim. The article reminds employers that, when making termination decisions, they must ensure they’re taking similar adverse actions against similarly situated employees.
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One employer or two? Appeals court determines joint liability in Title VII case
May / June 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 944
Abstract: This article describes a Title VII race discrimination case in which the Third Circuit considered whether a temporary worker assigned by a staffing agency to a retail store was a joint employee. The court applied an employment relationship test laid out by an earlier Supreme Court ruling and found the worker to be employed by both the agency and store. A sidebar summarizes a similar case where the court came to a different conclusion.
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COMPLIANCE ALERT – Upcoming compliance deadlines:
April / May 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 April and May.
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DOL stresses plan auditor experience
April / May 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 350
Abstract: Generally, plans with at least 100 participants must provide an audit report when filing IRS Form 5500. A recent analysis of private audits of Forms 5500 conducted by the U.S. Department of Labor (DOL) suggests the importance of ensuring that a plan’s audit is conducted by a well-qualified auditing firm. This brief article highlights the DOL’s findings.
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Assessing the legal risks of brokerage windows
April / May 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 496
Abstract: Why limit plan participants’ investments to a handful of managed funds when they can have an unlimited selection using a “brokerage window”? The answer might depend on one’s appetite for legal risk. This article reviews when it may make sense to offer a brokerage window in a 401(k) plan.
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Why a nonqualified deferred comp plan may be right for you
April / May 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 790
Abstract: What if a nonqualified deferred compensation plan (NQDCP) enabled senior managers to replace a higher proportion of their current income when they retire? While NQDCPs often are perceived as only for top executives, they may also be right for upper-level staff. This article discusses what plan sponsors need to know about NQDCPs.
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Plan fee benchmarking – Key fiduciary considerations when reviewing plan fees
April / May 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 815
Abstract: Are the services a plan receives reasonably priced? Knowing the answer is a vital fiduciary duty. ERISA expects more from plan fiduciaries than simply shopping around for plan providers offering rock bottom rates. This article summarizes some key areas all fiduciaries must consider when benchmarking costs of their qualified retirement plan. A sidebar discusses a report that suggests ways employers can help current plan participants ease into retirement.
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Disability discrimination – Why employers must document termination decisions
March / April 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 635
Abstract: This article summarizes a case in which the U.S. Court of Appeals for the Fifth Circuit considered when legitimate reasons to terminate an employee become pretext for discrimination in violation of the Americans with Disabilities Act. In a reversal of the trial court’s decision, the appeals court found that the employers failed to articulate a legitimate nondiscriminatory reason for the adverse employment action.
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Fitness-for-duty evaluation spurs ADA case
March / April 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 754
Abstract: Does demanding that an employee submit to a fitness-for-duty evaluation violate the Americans with Disabilities Act (ADA)? An appeals court recently considered this question — and whether the worker had been constructively discharged. It concluded that employers must have a legitimate business necessity before requiring workers to undergo fitness-for-duty or medical exams and that they must act consistently with their claimed necessity.
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Don’t build a border barring older employees from promotion
March / April 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 667
Abstract: Recently, the Ninth Circuit considered whether a trial court had erred in ruling against an employee who claimed that age discrimination prevented his promotion. As this article explains, the court concluded that it’s not enough for employers to make nondiscriminatory promotion decisions. They also must prevent managers from making comments that create a perception that discrimination is in play.
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Fair WARNing – Failure to provide layoff notice may land you in court
March / April 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 972
Abstract: The Worker Adjustment and Retraining Notification (WARN) Act requires employers to notify employees at least 60 days before a mass layoff. This article describes a Sixth Circuit decision about whether a seizure of the employer’s products — which led to layoffs — was unforeseeable, or whether the employer violated the WARN Act. A sidebar summarizes a similar case where the Eighth Circuit made a different ruling.
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COMPLIANCE ALERT – Upcoming compliance deadlines
February / March 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 111
Abstract: This feature lists a few key tax reporting deadlines for March and April.
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Shut the door – IRS ends defined benefit plan lump sum payouts
February / March 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 307
Abstract: Last summer, the IRS effectively overturned a number of private letter rulings issued over the past several years. Those rulings allowed plans to amend their qualified defined benefit plan to permit a participant in pay status to elect to convert the remaining value of the participant’s annuity payments to a lump sum payment during a temporary “window period.” This short article discusses the IRS’s new stance on issuing determination letters in these situations.
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It may be time to offer annuity options to 401(k) plan participants
February / March 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 521
Abstract: In theory, enabling 401(k) plan participants to convert their accumulated retirement savings into a lifetime income stream through an annuity contract sounds like a win. After all, it allows them to basically turn their 401(k) into a pension, so that they have a predictable income stream during their lifetime. This article looks at why annuities haven’t been used more and whether new DOL guidance will change that.
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IRS eases pain for correcting certain plan administration errors
February / March 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 784
Abstract: The IRS acknowledges that retirement plan administrators aren’t infallible, and provides correction for certain administrative errors. Most recently, it reduced certain penalties and extended certain deadlines for fixing specified mistakes. This article reviews the recent updates as to how the IRS and DOL will handle certain plan errors. A sidebar lists conditions under which the IRS will forgo imposing a penalty for failing to process participant 401(k) plan deferrals.