Employee Benefits / Employment Law / HR
Showing 225–240 of 653 results
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What are you forgetting? Reviewing commonly overlooked fiduciary duties
February / March 2016
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 802
Abstract: Although retirement plan fiduciaries take their jobs seriously, it can be hard to cover all the bases. That’s understandable, considering the broad scope of fiduciary responsibility as well as the dynamic nature of the retirement plan designs, investment management and legal interpretations of fiduciary duty. This article highlights some common pitfalls, including failing to identify the plan’s fiduciaries, insufficiently training fiduciaries, and spending too much time on inappropriate investments.
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Attorney at law … or not so much?
January / February 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 559
Abstract: One might think that an attorney performing contract work for a law firm is indisputably engaged in the “practice of law.” But, as this article explains, a recent decision by an appellate court addressed this very matter. At stake was whether the plaintiff’s employer had violated the overtime provisions of the Fair Labor Standards Act.
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Reasonable, not preferred – An employer’s obligation under the Americans with Disabilities Act
January / February 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 741
Abstract: An employer that provides an accommodation to an employee under the Americans with Disabilities Act may think it’s out of the woods. But employees aren’t always satisfied, even with reasonable accommodations. This article describes a case in which a plaintiff was accommodated with part-time work and paid leave yet still filed a lawsuit because his employer refused to grant him light-duty work.
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Ignore employee complaints at your own peril
January / February 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 679
Abstract: When one employee constantly complains, an employer may be tempted to take a “boy who cried wolf” approach and ignore those protestations. But doing so can lead the complainer to a lawsuit and the employer to court. This article describes a case in which a frustrated employee eventually filed a claim of retaliatory hostile work environment, after multiple complaints went uninvestigated.
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The Equal Access to Justice Act – Winning attorneys’ fees when the government goes too far
January / February 2016
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 951
Abstract: The Equal Access to Justice Act provides for the recovery of attorneys’ fees from the government when it acts in bad faith or pursues a matter that isn’t substantially justified. This article describes a case in which an appeals court considered whether the Department of Labor should pay a plaintiff’s attorneys’ fees following a particularly aggressive investigation. A sidebar focuses on how a court may determine whether a frivolous argument has been proffered and pursued.
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Critical comments lead to age discrimination lawsuit
November / December 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 553
Abstract: A supervisor’s ill-timed disapproving remarks about an employment process can be misconstrued by an employee and expose the organization to legal repercussions. This article describes a case in which an appeals court considered whether, as the plaintiff argued, the critical comments of a manager demonstrated age-based stereotyping in violation of the Age Discrimination in Employment Act (ADEA).
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Shifting sands – Consistency important when handling FMLA leave
November / December 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 616
Abstract: An employee requesting FMLA leave puts a high degree of administrative responsibility on an employer. Should the organization later decide to take an adverse action against that employee, its reasons for doing so must be rock solid. This article describes a case in which an employer appeared to build its legal defense on shifting sands and saw the case go to trial because of it.
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Definition of a salesman: An FLSA case
November / December 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 808
Abstract: The Fair Labor Standards Act exempts from overtime pay “any salesman, partsman, or mechanic primarily engaged in the selling or servicing of automobiles.” But does this apply to an auto dealership’s “service advisors”? This article answers that very question per a recent decision by the U.S. Court of Appeals for the Ninth Circuit.
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The summary judgment standard – Fourth Circuit makes important points in ADA case
November / December 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 974
Abstract: A plaintiff claiming violations of the ADA is never good news for an employer. This article looks at a case that not only shows one employer’s missteps in the ADA accommodation process, but also sheds light on the summary judgment standard to which trial courts often must adhere. A sidebar describes another case that delves deeper into the importance of employers engaging in a good-faith interactive process with employees seeking ADA accommodations.
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COMPLIANCE ALERT – Upcoming compliance deadlines:
Year End 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 97
Abstract: Some investment managers who haven’t broken into the ranks of the largest target date fund (TDF) providers are using a “one-size-doesn’t-fit-all” argument to promote customized TDFs. And the argument has merit. This short article looks at the pros and cons of customized TDFs.
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Is a customized TDF right for you?
Year End 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 319
Abstract: Some investment managers who haven’t broken into the ranks of the largest target date fund (TDF) providers are using a “one-size-doesn’t-fit-all” argument to promote customized TDFs. And the argument has merit. This short article looks at the pros and cons of customized TDFs.
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Give employees more bang for their buck – How to use default deferral rates and auto-escalation clauses
Year End 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 513
Abstract: According to a Plan Sponsor Council of America survey, only 46% of defined contribution plans automatically enroll participants. The most common default deferral rate for those that do is 3%. Are plan sponsors telling employees that they can afford to retire by saving just 3% of their salary each year? Some participants may think so. This article discusses how to use default deferral rates and auto-escalation clauses to boost participants’ retirement savings.
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Tibble case puts focus on fiduciaries’ ongoing duties
Year End 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 850
Abstract: Earlier this year, the U.S. Supreme Court clarified the ongoing duty of retirement plan fiduciaries to monitor plan investments. Tibble v. Edison International has been percolating through the federal court system since 2007. The article reviews the case’s focus on the timing of lawsuits against plan fiduciaries for breaches of their fiduciary duty. Tibble v. Edison International, 135 S.Ct. 1823 (U.S. 2015); 29 U.S.C. § 1113
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Determination letter limbo – IRS makes changes to determination letter program
Year End 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 675
Abstract: Sponsors of individually designed qualified retirement plans will need to adjust to the idea of operating without the IRS’s official blessings when changing the plan document to comply with new laws and regulations. Earlier this year the IRS laid out its plans to scale back its plan determination letter program. This article explains what plan sponsors need to know.
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COMPLIANCE ALERT – Upcoming compliance deadlines:
October / November 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 75
Abstract: ERISA’s disclosure rules require plan administrators to inform participants of circumstances that may cause a loss of benefits. But just what counts as a disclosure? This brief article summarizes a recent case involving the sufficiency of an electronic notice. Raymond Thomas v. CIGNA Group Insurance, et al. (No 09-CV-5029); 2015 WL 893534 (E.D. N.Y. 2015)
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When electronic disclosure isn’t enough under ERISA
October / November 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 307
Abstract: ERISA’s disclosure rules require plan administrators to inform participants of circumstances that may cause a loss of benefits. But just what counts as a disclosure? This brief article summarizes a recent case involving the sufficiency of an electronic notice. Raymond Thomas v. CIGNA Group Insurance, et al. (No 09-CV-5029); 2015 WL 893534 (E.D. N.Y. 2015)