Employee Benefits / Employment Law / HR
Showing 449–464 of 653 results
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Automatic enrollment – The quickest way to boost retirement plan participation
Year End 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 454
Abstract: Statistics show that automatic enrollment dramatically improves participation. Why? Because even though employees can opt out if they choose, they rarely do. This article discusses the two types of automatic enrollment plans and how to set one up.
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Correcting errors before they cost you
Year End 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 611
Abstract: The Voluntary Fiduciary Correction Program (VFCP) was created by the Department of Labor (DOL) to encourage correction of plan operational errors. If a plan official satisfies the VFCP terms, the DOL will issue a “no action” letter and won’t impose any further sanctions. This article reviews what transactions may be corrected and the steps to take.
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What you need to know about top-heavy testing
Year End 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 849
Abstract: Each plan year, retirement plan administrators must determine whether their plans are “top heavy” based on compensation to “key employees.” What are these terms and why do they matter? This article defines who is a key employee and what makes a plan top heavy. It also tells how plans are tested and what transactions the test includes.
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No prejudice – Eighth Circuit sidesteps quirky aspect of FMLA case
November / December 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 778
Abstract: When an employee misses work for an extended period because of an illness or injury, it can create many uncertainties for his or her employer — especially when questions of allowable leave under the Family and Medical Leave Act (FMLA) come into play. This article looks at one case that illustrates the dangers of an employer mishandling the critical details of FMLA leave. Hearst v. Progressive Foam Technologies, Inc., No. 10-1253, June 8, 2011 (8th Cir.)
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Final EEOC regulations change the meaning of “disability”
November / December 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 745
Abstract: The ADA Amendments Act of 2008 (ADAAA) significantly changed the Americans with Disabilities Act (ADA). This year the U.S. Equal Employment Opportunity Commission (EEOC) amended its regulations to harmonize with the ADAAA. This article shows how the final EEOC regs broaden the legal meaning of the word “disability” in ways every employer should know. Sutton et al. v. United Air Lines, Inc., No. 97-1943, June 22, 1999 (Supreme Court) Toyota Motor Manufacturing, Kentucky, Inc. v. Williams, No. 00-1089, Jan. 8, 2002 (Supreme Court)
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Beware of the cat’s paw – Theory of subordinate bias looms large in ADEA case
November / December 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 882
Abstract: The “cat’s paw” theory holds that an employer can be held liable for the discriminatory conduct of a supervisor who contributes to a termination decision. In a recent case, one discharged employee invoked this theory, but the court rejected his plea because it decided he would have been fired regardless of the claimed animus. Nonetheless, this article highlights the danger of placing too much influence in the hands of lower-level supervisors. A sidebar looks at two additional examples of what could trigger liability under the cat’s paw theory. Simmons v. Sykes Enterprises, Inc., No. 09-1558, June 2, 2011 (10th Cir.) Staub v. Proctor Hospital, No. 09-400, March 1, 2011 (Supreme Court)
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Supreme Court doesn’t buy Wal-Mart workers’ case
November / December 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 589
Abstract: In June 2011, the U.S. Supreme Court issued its decision denying class certification for female Wal-Mart employees alleging gender bias. This was the largest civil rights class action lawsuit in U.S. history and represents a substantial victory for employers. But it hasn’t eliminated employment class action suits. This article examines the Court’s opinion and explains why plaintiff classes still have some options for bringing a class action lawsuit. Wal-Mart Stores v. Dukes, No. 10-277, June 20, 2011 (Supreme Court) United States v. City of New York, 683 F. Supp. 2d 225, 273, Jan. 13, 2010 (Eastern District of New York)
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Final IRS hybrid plan regulations now a reality
October / November 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 299
Abstract: Hybrid retirement plans combine features of defined contribution and defined benefit plans. The IRS recently issued final hybrid plan regulations reflecting the changes made by the Pension Protection Act of 2006. This brief article highlights several provisions of the regulation.
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The controlling document – Plan document vs. summary plan description
October / November 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 528
Abstract: While employers and plan sponsors strive to be consistent with the retirement plan information given to participants, on rare occasions a conflict in information may exist. In a recent case, plan participants sought to enforce the language of a misleading summary plan description (SPD) that didn’t agree with the terms of the plan document. This article discusses the U.S. Supreme Court’s decision that reinforced the rule that the plan document controls the benefits.
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Looking for money – What you need to know about plan loans
October / November 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 709
Abstract: Generally, participants can take a loan from their plan account if the plan allows for participant loans. This article reviews the rules associated with plan loans, including how much can be loaned, payments on the outstanding balance and defaults.
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Setting sail to a safe harbor – Is a safe harbor 401(k) plan right for you?
October / November 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 861
Abstract: A safe harbor 401(k) plan is a 401(k) that automatically satisfies the nondiscrimination testing rules for elective deferrals and matching contributions. The IRS will consider a plan a safe harbor plan if it satisfies certain contribution, vesting and notice requirements. This article explains the differences between safe harbor and traditional 401(k)s, and the steps needed to start one.
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Employer, pregnant worker clash over frequent absences
September / October 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 592
Abstract: Work/life balance is an important human resources concept. But when an employee tips the scales more toward “life” than “work,” conflicts may arise. This article looks at the case of a newly employed pregnant woman who was not yet eligible for leave under the Family and Medical Leave Act (FMLA), but who took frequent absences. She claimed that her termination was a “constructive discharge” in violation of Title VII of the Civil Rights Act. Trierweiler v. Wells Fargo Bank, No. 10-1343, April 8, 2011 (8th Cir.)
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Drawing the line on customer abuse of employees
September / October 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 752
Abstract: There’s a saying: “The customer is always right.” But, when it comes to employee discrimination and harassment at the hands of customers, this isn’t true. This article looks at a case in which an aide at a care center was repeatedly harassed by a resident. But, when she called him a profanity, she was fired by an administrator who was unaware of her complaints about the resident. Aguiar v. Bartlesville Care Center, No. 10-5002, April 18, 2011 (10th Cir.)
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Don’t go easy – ADA case reveals risk of lenient performance evaluations
September / October 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 646
Abstract: Employers that accommodate a worker under the Americans with Disabilities Act (ADA) may feel obliged to “go easy” on that employee during performance evaluations. But, as revealed in one case, failing to exercise objectivity in a job review could leave the employer vulnerable in a lawsuit. A disabled employee with good performance reviews obtained a new position in her agency. She was then judged to be error-prone and was terminated within the probationary period. Was she the victim of discrimination, or had she earlier received lenient evaluations? This article examines the court’s ruling. Whitfield v. State of Tennessee, No. 09-6488, March 25, 2011 (6th Cir.)
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Volunteer or employee? Golf coach looks for overtime green in FLSA case
September / October 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 873
Abstract: Teachers or other staff members will often take on additional leadership duties, but it’s long been a contentious matter as to whether the Fair Labor Standards Act (FLSA) should cover these volunteers. In one case, a school board employee served as the golf coach at a district high school and was paid a stipend. Following a Department of Labor guidance letter, the board decided to continue allowing nonexempt employees to coach but discontinued its policy of paying overtime. The employee sued. This article discusses the court’s ruling, while a sidebar looks at whether for-profit businesses qualify for an FLSA exemption in regard to interns. Purdham v. Fairfax County School Board, No. 10-1048, March 10, 2011 (4th Cir.)
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COMPLIANCE ALERT – Upcoming compliance deadlines:
August / September 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 36
Abstract: A brief list of key September tax reporting deadlines.