Employee Benefits / Employment Law / HR
Showing 417–432 of 653 results
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Subjective criteria can pose risks in promotion decisions
July / August 2012
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 799
Abstract: When an African-American IRS employee applied for a higher position, he and three other candidates underwent an evaluation process consisting of objective criteria and a subjective interview. When he was passed over in favor of a Caucasian female with less education and experience, he sued, claiming that IRS officials had used a subjective evaluation process to create a legitimate explanation for its discriminatory practice. This article explains why the U.S. Court of Appeals for the District of Columbia sided with the plaintiff. Citation: Hamilton v. Geithner, No. 10-5419, Jan. 17, 2012 (Dist. of Columbia Cir.)
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Asking the wrong questions — Employer faces lawsuit for inquiring about plaintiff’s retirement
July / August 2012
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 1097
Abstract: When a 54-year-old U.S. Army Corps of Engineers employee was passed over for promotion in favor of a younger employee, he sued. As this article explains, at issue was whether an agency personnel spreadsheet known as the Capable Workforce Matrix served as a pretext for age discrimination. Because, after receiving the job applications, two hiring panel members had allegedly requested information about projected retirement dates to be incorporated into the matrix, the appeals court sided with the plaintiff. A sidebar notes a different case in which a stray remark also led to age discrimination allegations, but with a different result. Citation: Shelley v. Geren, No. 10-35014, Jan. 12, 2012 (9th Cir.); Gross v. FBL Financial Services, No. 08-441, June 18, 2009 (Supreme Court); Moss v. BMC Software, Inc., No. 09-20488, July 2, 2010 (5th Cir.)
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COMPLIANCE ALERT
June / July 2012
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 85
Abstract: A brief list of key tax reporting deadlines for June and July.
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Service providers’ fee disclosure date is on the horizon
June / July 2012
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 406
Abstract: The Department of Labor (DOL) released a final rule requiring service providers to disclose fee and expense arrangements to simplify comparisons between investment options. Service providers must give disclosures to participants and beneficiaries on or before the date that they can first direct their investments, and then annually for following years. This brief article reviews what service providers must provide in their disclosures to participants and when.
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Court decision may affect health plan reimbursement provisions
June / July 2012
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 567
Abstract: Historically, plan sponsors and administrators have come to rely on an ERISA provision for full reimbursement of medical expenses paid to participants if the plan document contains specific language to this effect and injured participants recover money from third parties. However, the U.S. Court of Appeals for the Third Circuit recently refused to enforce such a provision. In making this decision, the court significantly departed from existing case law. This article summarizes the case and how it may affect plan reimbursement provisions. Citation: US Airways, Inc. v. McCutchen, 663 F.3d 671 (3d Cir. Nov. 16, 2011); 29 USC 1132(a)(3).
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Follow the right path — DOL issues final rule on prohibited transaction exemption procedures
June / July 2012
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 730
Abstract: The Department of Labor’s (DOL’s) final rule for prohibited transaction exemption procedures is now in effect and applies to all exemption applications. This article defines prohibited transactions, defines several new terms that plan sponsors should know, and explains how the exemption procedures have been simplified.
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Aiming for the target — Are target date funds right for your plan?
June / July 2012
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 884
Abstract: Target funds are mutual funds in which funds are invested based on a particular target date — usually the participant’s anticipated retirement year. While target funds aren’t a new option, there’s uncertainty from many retirement professionals about them. This article summarizes target date fund basics, including the risk tolerance of participants and what plan sponsors need to consider when offering these funds.
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Absent while on FMLA leave
May / June 2012
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 695
Abstract:Terminating an employee for repeatedly failing to report his or her absences may seem understandable enough. But what if that worker believes the absences are covered under the Family and Medical Leave Act (FMLA)? An appeals court faced such a question in a case in which the plaintiff had unintentionally overstayed her medical leave. Citation: Twigg v. Hawker Beechcraft Corporation, No. 10-3118, Oct. 13, 2011 (10th Cir.)
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Supreme Court rules on the "ministerial exception"
May / June 2012
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 750
Abstract: The Lutheran Church–Missouri Synod categorizes its teachers in two ways: 1) "called," those regarded as having been called to teach by God, and 2) "lay," everyone else. In one instance, a called teacher was replaced by a lay teacher during disability leave and refused a deal that included her resignation. When she threatened to sue, she was terminated. The school claimed a "ministerial exception" that was protected by the First Amendment. This article explains why the U.S. Supreme Court overturned an appeals court decision that sided with the teacher. Citation: Hosanna-Tabor Evangelical Lutheran Church and School v. EEOC, No. 10-553, Jan. 11, 2012 (Supreme Court)
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Qualification before accommodation — Ninth Circuit addresses EEOC guidelines in ADA case
May / June 2012
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 960
Abstract: One cannot obtain protection under the Americans with Disabilities Act (ADA) unless he or she clearly qualifies for it. This was the key issue in a case in which a school district’s Board of Trustees denied provisional teaching authorization to a special education teacher who’d been unable to renew her certificate during a major depressive episode. Soon afterward, they terminated her because she’d violated the terms of her contract by allowing her certification to lapse. She sued, alleging that the Board violated the ADA by discriminating against her because of her disability. This article discusses the appeals court’s ruling. Citation: Johnson v. Board of Trustees Boundary County School District, No. 10-35233, Dec. 8, 2011 (9th Cir.)
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Exempt or owed overtime pay? — FLSA case reinforces importance of employee classification
May / June 2012
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 1041
Abstract: This article discusses a case in which the plaintiffs, all former sales managers, sued in federal court claiming that they’d been misclassified as exempt "administrative" employees and were entitled to unpaid overtime pay. There follows a description of the three-part test used to determine whether a particular employee is administratively exempt from the Fair Labor Standards Act (FLSA) requirements regarding pay. The article then explains why the court found against the plaintiffs. A sidebar reveals a different outcome in a similar case. Citation: Hines et al. v. State Room, Inc. et al., No. 10-2298, Nov. 28, 2011 (1st Cir.). In re Novartis Wage and Hour Litigation, No. 09-0437-cv, July 6, 2010 (2nd Cir.)
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COMPLIANCE ALERT
April / May 2012
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 87
Abstract: A brief list of key tax reporting deadlines for April and May.
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Take the right steps to terminate your 401(k) plan
April / May 2012
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 315
Abstract: If an employer decides to terminate its 401(k) plan, it must do so properly. If not, it could find itself facing steep consequences or even being sued by the Department of Labor. This brief article discusses the steps necessary to terminate a 401(k) plan.
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Erroneous pension benefit estimate doesn’t support ERISA estoppel claim
April / May 2012
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 598
Abstract: A federal court of appeals has affirmed that an erroneous estimate of a participant’s pension benefits couldn’t support an Employee Retirement Income Security Act (ERISA) estoppel claim against the pension plan. This article examines why this was good news for the plan, but notes the importance of providing accurate information to retirement plan participants.
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What investment advice can you give? — Final rule on 401(k) investment advice now in effect
April / May 2012
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 815
Abstract: The Department of Labor (DOL) issued a final rule clarifying how investment advisors working with plan sponsors can provide investment advice to retirement plan participants in a way that protects both the participant and the investment advisor. The final rule affects sponsors, fiduciaries, participants and beneficiaries of participant-directed individual account plans, as well as providers of investment and investment-advice-related services to such plans. This article looks at the final rule and what plan sponsors need to do to comply with it.
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DOL releases electronic disclosure enforcement guidance
April / May 2012
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 871
Abstract: Last fall, the Department of Labor (DOL) released an interim enforcement policy regarding the use of electronic media to satisfy the disclosure requirements for participant-directed individual account plans. The guidance requires plan administrators to disclose to plan participants and beneficiaries both planwide and individual fees and expenses that the plan may charge against plan accounts. This article reviews the guidance.