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3 FLSA Challenges: Off-Clock, Travel time, ‘Independent’ Contractors

special report, Hot Wage and Hour Issues for Home Healthcare Employers (Littler Report). In today’s issue, more wage/hour tips, plus an introduction to the unique “50×50”—50 Employment Laws in 50 States. Note: Find the complete Littler Report here. Compensable Work Outside of Patient Care Duties Some preshift or postshift activities may be compensable, the Littler […]

COBRA Extension Notice Needed Despite Awareness of Disability

Group health plan terms clearly explained that the plan administrator had to be notified of a disability determination within 60 days in order to trigger an 11-month COBRA extension; therefore, the plan administrator was justified in denying the extension when notice was received five months after the determination was issued, a federal district court in […]

Reductions in Transitional Reinsurance Fee Are Possible but Unlikely

Employers might pay less than $63 per covered life per year under health reform’s transitional reinsurance fee rules, but that would require a surplus in the fund, a U.S. Department of Labor official told an employer plan industry group on April 18 in Washington, D.C. Even though possible, such a reduction would be contingent on: […]

Looking for Ways to Improve Training?

Gaining award-winning status for its learning organization has helped Jiffy Lube® International improve its training function even more, says Kenneth Barber, the company’s manager of learning and development. Jiffy Lube (www.JiffyLube.com), a 100-percent franchisee-owned and -operated store chain, has placed in the top five in a dozen national and international training competitions, Barber says. He […]

Recalling employees from work-from-home arrangements

By Eowynne Noble The CEOs at top tech companies have received attention over their policies allowing employees to work from home. While some companies insist that working from home motivates people to work responsibly, quickly, and with high quality, others prefer their employees to work in the office. The reality is that each company is […]

Hot Wage/Hour Issues (Littler Report)

Law firm Littler Mendelson’s recently issued special report, Hot Wage and Hour Issues for Home Healthcare Employers (Littler Report), which offers practical tips for employers in any industry. The recently published Littler Report finds that wage and hour lawsuits against home healthcare providers have frequently involved three issues: Misclassification (employees who claim they have been […]

In Rare Post-amendments Ruling, Court Finds Impairment Not a Disability

Being deaf in one ear is not a disability, the U.S. District Court for the Eastern District Court of Pennsylvania ruled in Mengel v. Reading Eagle Co. (No. 11–6151, 2013 WL 1285477 (E.D. Pa. March 29, 2014)). While findings of “no disability” were common before the Americans with Disabilities Act was amended, they have been […]

3rd Circuit Rejects Call to Change $3K COBRA Notice Penalty

In rejecting a qualified beneficiary’s attempt to increase a nearly $3,000 COBRA notice penalty, the 3rd U.S. Circuit Court of Appeals noted that the employer/plan administrator’s efforts to remedy the violation did not warrant any higher award. The court also rejected the individual’s request for the reimbursement of medical expenses and attorney’s fees. But in […]

The Beginning of the End Revisited

Litigation Value: Possible workers’ comp claim for Dwight for injuries sustained in trying to cross a “flaccid cord”; groundwork established for a breach of contract suit by Nellie if Andy follows through on his intent to fire her Tonight’s “previously aired” episode takes us back to the first episode of this, the last season of […]