Employee Benefits / Employment Law / HR
Showing 241–256 of 653 results
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Survey says – Poll highlights what participants think they know
October / November 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 449
Abstract: It’s no secret that a large percentage of Americans don’t fully comprehend basic financial topics. The results of the Retirement Income Literacy Survey conducted online last year for the American College weren’t heartening. This article reviews the findings.
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Year end notices: Staying on top of the requirements
October / November 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 843
Abstract: As the turn of the calendar year nears, annual notices should be on the minds of most plan sponsors. For plans using the calendar year, numerous notices are due to be given in the next few months. This article highlights some of the notices that must be sent to either participants, the IRS or the DOL in the next three months.
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Be careful what you toss – Plan record retention requirements
October / November 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 774
Abstract: As far as the IRS is concerned, you can’t save too many retirement plan documents. Plan sponsors, on the other hand, might reasonably feel the need to free up file storage space every now and again by purging documents no longer needed. This article examines where to draw the line. A sidebar looks at IRS rules for documentation of hardship withdrawals and participant loans.
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Follow the steps: An ADEA case
September / October 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 593
Abstract: The concept of progressive discipline generally refers to a series of corrective steps a troubled employee must follow to correct employment-related shortcomings. If an employer stumbles when applying these steps, however, its legal arguments may fall flat in court. This article looks at a case in which an employer met just such an ill fate when an employee filed claims under the Age Discrimination in Employment Act. Soto-Feliciano v. Villa Cofresi Hotels, Inc., No. 13–2296, Feb. 20, 2015 (1st Cir.)
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How to identify the similarly situated – Eighth Circuit takes hard look at comparable employees
September / October 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 921
Abstract: When looking to establish pretext for alleged racial discrimination, courts often look to “similarly situated” employees at the same organization. This article reviews a recent case that provides a good working example of this practice. A sidebar looks at a much earlier decision from the same appeals court regarding similarly situated employees. Austin v. Long, No. 14-2044, Feb. 23, 2015 (8th Cir.) E.E.O.C. v. Kohler Co., No. 02-2447, July 10, 2003 (8th Cir.)
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Applying the “economic realities” test in employee classification
September / October 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 774
Abstract: To mitigate legal liability, employers are urged to step carefully when engaging independent contractors. Anyone interested in a real-life reason why need look no further than a recent decision handed down by the U.S. Court of Appeals for the Sixth Circuit. This article covers the ruling, in which the court applied the “economic realities” test to determine whether a plaintiff’s claim to overtime pay under the Fair Labor Standards Act (FLSA) should stand. Keller v. Miri Microsystems LLC, No. 14-1430, March 26, 2015 (6th Cir.)
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Dress code or discrimination? Supreme Court rules on case involving religious headscarf
September / October 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 712
Abstract: The U.S. Supreme Court recently handed down an important decision regarding Title VII of the Civil Rights Act of 1964. The ruling arose from a dispute between a Muslim plaintiff and the employer who refused to hire her because her headscarf (or “hijab”) violated the company’s dress code. This article describes the factors considered by the High Court in a case demonstrating that even a seemingly neutral dress code may not spare an employer from liability. Equal Employment Opportunity Commission v. Abercrombie & Fitch Stores, Inc., No. 14-86, June 1, 2015 (Supreme Court)
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COMPLIANCE ALERT – Upcoming compliance deadlines:
August / September 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 50
Abstract: This feature lists a few key tax reporting deadlines for September.
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Court finds that plan document trumps beneficiary designation forms
August / September 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 334
Abstract: Plan documents generally control all aspects of a qualified retirement plan. Whether the plan document invalidates the language in other forms, such as a written beneficiary designation form, can lead to disagreement. This short article summarizes a recent decision by the U.S. Court of Appeals for the Ninth Circuit resolving just such a case.
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Are you insured? Fiduciary liability insurance can help when problems arise
August / September 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 500
Abstract: One of the most contested areas of employee benefits litigation revolves around fiduciaries and their duties to plan participants and beneficiaries. For fiduciaries, the cost of defending themselves can be steep, regardless of fault. This article discusses how fiduciary liability insurance fits in.
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DOL reproposes ERISA fiduciary investment advice regulations
August / September 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 737
Abstract: Most everyone in the employee benefits industry agrees: Protecting retirement plans and their participants from investment advisors who may focus more on their own financial interests than those of plan participants is a good idea. However, whether the DOL’s reproposed ERISA fiduciary investment advice regulations, if adopted essentially as proposed, will be able to do that isn’t certain. This article reviews the proposed rule and its possible impact.
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401(k) rollovers – How rollovers to your plan can benefit everyone
August / September 2015
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 797
Abstract: High workforce mobility means that many employees leave a collection of “orphan” 401(k) plan balances in their wake. Why should plan fiduciaries care? This article examines how helping new employees roll over their accounts from former employers can be beneficial for both parties.
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Do your pay rates match actual job responsibilities?
July / August 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 556
Abstract: Just about every company faces a challenge in matching pay rates to job responsibilities. But a misstep here that falls along gender lines could result in an employee filing suit under the Equal Pay Act. This article describes a recent case in which an employer had to defend itself against just such a claim. Riser v. QEP Energy, No. 14-4025, Feb. 27, 2015 (10th Cir.)
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Taking a swipe at the “cat’s paw” theory of retaliation
July / August 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 847
Abstract: Something called the “cat’s paw” theory may sound cute. But, if a plaintiff successfully argues a claim under the approach, this kitten can have claws for employers. This article describes a case in which an employer had to defend against the cat’s paw theory when an employee alleged FMLA violations. Ameen v. Amphenol Printed Circuits, Inc., No. 14-1086, Jan. 26, 2015 (1st Cir.)
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The importance of appearances: An ADEA case
July / August 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 723
Abstract: It’s obvious that employers need to step carefully when terminating an employee. But one specific danger is when a termination could appear to be retaliatory for an employee’s previously made complaints. This article covers a recent ADEA case that illustrates just such a situation. Daniels v. School District of Philadelphia, No. 14-1503, Jan. 20, 2015 (3rd Cir.) McDonnell Douglas Corp. v. Green, No. 72-490, May 14, 1973 (U.S. Supreme Court)
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Costly breaks – What is and isn’t compensable time under the FLSA
July / August 2015
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 847
Abstract: Do employees required to stay on site during meal periods earn compensable time under the Fair Labor Standards Act? The answer depends on the circumstances, of course. But this article looks at a recent appellate court decision from which employers can glean some insight. A sidebar examines a case with a similar complaint but a different verdict. Ruffin v. MotorCity Casino, No. 14-1444, Jan. 7, 2015 (6th Cir.) Beasley v. Hillcrest Medical Center. Nos. 02-5121& 02-5147, Oct. 9, 2003 (10th Cir.)