Employee Benefits / Employment Law / HR
Showing 465–480 of 653 results
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Don’t be sorry — distribute your SAR
August / September 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 360
Abstract: Employer-sponsored defined contribution plans, such as 401(k) plans and welfare benefit health plans, must provide participants with a summary annual report (SAR) each year. This brief article reviews which plans must distribute SARs and the required content.
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Life isn’t always easy – Hardship distributions and their consequences
August / September 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 569
Abstract: With unemployment numbers remaining high and the economy making a slow recovery, workers may need to use the money in their retirement accounts for emergency purposes. One way to do so is with a hardship distribution. This article summarizes the requirements for offering hardship distributions to participants.
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The ABCs of ADP testing
August / September 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 730
Abstract: Most any employee benefit plan sponsor has seen the term “actual deferral percentage” (ADP). But what exactly does it mean, and how does it affect a plan? This article highlights the IRS requirements and consequences for failure to comply.
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Name that fiduciary – EBSA proposes expansion of key definition
August / September 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 793
Abstract: The Employee Benefits Security Administration (EBSA), the section of the Department of Labor that enforces retirement plan rules and legislation, issued a proposed ruling at the end of 2010 to expand the definition of the term “fiduciary.” This article provides background on the definition as it currently exists, the proposed definition and the potential repercussions of the expanded definition. A sidebar lists the duties of a plan sponsor, who is always a fiduciary.
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Up with EAPs – Company benefit helps mitigate employee lawsuit
July / August 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 706
Abstract: This article discusses a case in which the U.S. Court of Appeals for the Seventh Circuit had to decide whether a terminated employee’s alcoholism constituted a disability under the Americans with Disabilities Act or a serious health condition under the Family and Medical Leave Act. The defendant’s employee benefit — its Employee Assistance Program — played a role in the outcome. Ames v. Home Depot Incorporated, No. 09-4151, Jan. 6, 2011 (7th Cir.)
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Seven-week leave prompts FMLA lawsuit
July / August 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 677
Abstract: The Family and Medical Leave Act entitles an employee to take up to 12 weeks annually to care for his or her spouse (or certain other family members) — if the spouse has a serious health condition. But does a spiritual pilgrimage constitute medical care? This article looks at the case of a worker who was terminated for taking a seven-week leave after producing certification that, in the employer’s opinion, did not adequately attest to her husband’s medical condition. Tayag v. Lahey Clinic Hospital, No. 10-1169, Jan. 27, 2011 (1st Cir.)
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Off the wall: Office décor prompts religious discrimination case
July / August 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 793
Abstract: A rental complex discharged two employees who had refused to remove a religious poster from an apartment management office. The couple sued, claiming that the company had intentionally discriminated against them because of their religion, failed to accommodate their sincerely held religious beliefs and retaliated against them. This article explains the appeals court’s split decision regarding the district court’s ruling on these three points. Dixon v. Hallmark Companies, Inc., No. 10-10047, Dec. 9, 2010 (11th Cir.)
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Who’s behind this decision? Supreme Court looks at discriminatory bias in termination
July / August 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 800
Abstract: Can an employer be held liable for the discriminatory bias of supervisors who influenced an adverse employment decision — even if those supervisors didn’t make the ultimate adverse decision? This was a question that rose all the way to the U.S. Supreme Court in a case in which an Army Reservist sued his employer under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). This article explains the Court’s decision, while a sidebar explains why an appeals court had earlier come to a different conclusion. Staub v. Proctor Hospital, No. 09-400, March 1, 2011 (Supreme Court)
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COMPLIANCE ALERT – Upcoming compliance deadlines:
June / July 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 46
Abstract: A brief list of key August 1 tax reporting deadlines.
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Who’s preparing your tax return and Form 5500?
June / July 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 273
Abstract: The IRS issued new requirements regarding tax return preparers this year. Under the new rules, tax preparers must have a Preparer Tax Identification Number (PTIN), regardless of whether they sign the return. This brief article looks at when the IRS requires a PTIN.
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DOL issues regulations for service providers’ disclosures
June / July 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 630
Abstract: The Department of Labor (DOL) has issued regulations that require specific disclosure by companies providing services to qualified plans. The regulations go into effect Jan. 1, 2012. Plans affected include defined contribution plans, defined benefit plans and ERISA 403(b) arrangements. This article reviews the regulations so you can prepare for their implementation.
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Just don’t do it – Prohibited transactions in qualified plans can affect plan participants
June / July 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 840
Abstract: The IRS prohibits certain transactions between a retirement plan and a disqualified person. Why do you need to know this? Because these unlawful actions could potentially have adverse effects on your plan and plan participants. This article highlights the most common types of prohibited transactions and what you should do to avoid them. A sidebar discusses one of the most common prohibited transactions in qualified plans: untimely deposits.
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Controlled by the IRS – What you need to know about controlled groups
June / July 2011
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 764
Abstract: Do you know how a “controlled group” affects your qualified plan? To deter attempts to use multiple businesses to evade IRS requirements, such as discriminating in favor of highly compensated employees, ERISA requires plan sponsors to identify all participating employers. Plans must account for all employees in a controlled group to pass certain discrimination and participation tests. This article defines the different types of controlled groups and summarizes their impact.
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You leave, you pay – Employer tries to recoup training costs from departing staff
May / June 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 909
Abstract: Training is an essential part of any job. But is it a violation of the Fair Labor Standards Act (FLSA) to require employees to pay back training costs if they resign their positions within a certain time frame? The U.S. Court of Appeals for the Ninth Circuit said “no” in regard to a former police officer who filed a lawsuit on behalf of herself and others similarly situated. But a sidebar discusses another case in which certain employer deductions were judged to be a kickback. Gordon v. City of Oakland, No. 09-16167, Nov. 19, 2010 (9th Cir.) Cao v. Wu Liang Ye Lexington Restaurant Inc., 1:2008cv03725, April 18, 2008 (N.Y. Southern District)
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Resignation or constructive discharge?
May / June 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 627
Abstract: After a male firefighter proofread a female co-worker’s grievance before slipping it under the supervisor’s door, he initially denied any involvement but later told the truth. At a hearing, the Public Safety Chief gave him the choice between resigning voluntarily and being terminated. He resigned, but then filed a racial discrimination and retaliation complaint in district court. The U.S. Court of Appeals for the Eleventh Circuit looked into whether the plaintiff’s resignation was actually a “constructive discharge” because it occurred immediately following a disciplinary hearing. Ross v. City of Perry, No. 09-15392, Sept. 22, 2010 (11th Cir.)
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Employee decries company response in harassment lawsuit
May / June 2011
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 830
Abstract: When a worker repeatedly complained about a co-worker’s sexual harassment, the company repeatedly warned the offender and, after conducting an investigation, transferred him to a different department. Nonetheless, the plaintiff filed a lawsuit alleging that she’d been subjected to sexual harassment. Had the company done enough to prevent it? That was the issue that the U.S. Court of Appeals for the Eighth Circuit weighed. Alvarez v. Des Moines Bolt Supply, Inc., No. 09-1465, Nov. 17, 2010 (8th Cir.)