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A federal appeals court not only affirmed a ruling that an employer/plan administrator must pay more than $126,000 in penalties and legal costs for intentionally violating COBRA notice requirements, it also held that about $2,460 in expenses excluded from the legal award should be revisited by the lower court. The case is Evans v. Books-A-Million, […]
An employee who took “unexcused” leave from work when a dog bite turned into a serious health condition was fired after failing to submit medical certification forms in a timely manner. The deadline complied with the Family and Medical Leave Act; however, a federal district court held that a jury should decide whether the employer […]
Sometimes it’s necessary to strip away all the preconceived notions about how to succeed in an industry, reshuffle roles, and take an untraditional approach to change things for the better. That’s even true—maybe especially true—in industries as steeped in tradition as winemaking. Typically, there are three groups involved in winemaking: The winemakers, The distributors, and […]
Highlights of the survey: 18.2% of respondents are awarding merit increases (averaged across all employee types) of up to 2.5% in 2014 and 46.1% are awarding increases of more than 2.5% 21% of survey participants awarded an increase of 2.51–3% for “Meets requirements” and 12.9% awarded that amount for “Exceeds requirements.” The biggest challenge for […]
On Married with Children, Al, the main character, was always complaining that being a shoe salesman was a lousy paying, degrading job. You can’t afford nice things or live in a nice house, and it’s hard to keep up with the Darcys. But imagine working for a shoe store where you actually can afford nice […]
by Andrew J. Sommer and Alka Ramchandani San Francisco’s new “ban the box” law, titled the Fair Chance Ordinance, will limit the timing and scope of inquiries into an applicant’s or employee’s criminal history when it takes effect August 13. In addition to banning inquiries into criminal history on job applications, the ordinance also places […]
by Hannah Roskey We have all been faced with employees’ buyer’s remorse. They accept a severance package, sign a release, cash the severance check, and then claim that the release is unenforceable. Recently the Alberta Human Rights Commission considered this very issue in Marquardt v. Strathcona County.
When investigating a breach of IT network security leading to leakage of protected health information, HHS looks for consistency in the covered entity’s response — with both HIPAA rules and the organization’s own written procedures, according to a former official with HHS’ Office for Civil Rights. OCR tends to “expect a perfect assessment done the […]
By Peter A. Susser Federal contractors’ administration of family leave will face unprecedented scrutiny as a result of a new executive order from President Obama. The order requires the disclosure of labor law violations committed by would-be contractors, and a determination of whether that candidate is satisfactorily responsible and ethical. The order is […]
In a decision sharply at odds with a recent Illinois ruling, a federal district court in Arizona held that health care providers cannot be characterized as plan beneficiaries who can sue to compel payment of ERISA benefits. The court rejected the view that a direct payment for services is an ERISA benefit that give providers […]