Archives

COBRA and ARRA Rules Misread in Slapping Employer with $500 Notice Penalty

Here’s one positive pattern in COBRA coverage lawsuits: Even if a plan administrator violated the COBRA law, if it acts reasonably under the circumstances, courts are inclined to mitigate the amount of any penalties. But even though the law is more than 25 years old, case law shows there’s still a learning curve about its […]

Bill Would Allow Tax Reimbursement to Federal Employees for Domestic Partner’s Travel

Heads of federal agencies would have the authority to reimburse employees for the taxes imposed on reimbursements of travel or transportation expenses their domestic partners incur when accompanying them on a business trip, under a bill introduced in the U.S. House on Nov. 18 —  the Domestic Partnership Benefits and Obligations Act (H.R. 3485). The […]

Perfectenschlag

Litigation Value: Nothing too outrageous last night, but are we seeing the beginnings of a couple of sexual harassment claims for Jim and Val? Another week has gone by, and our favorite paper and printer sales team has heroically managed to continue to avoid discussing the bizarre behavior of their CEO at his party a […]

Prevent Peril from Office Romance

It’s the season of cardboard cupid decorations festooning cubicles and desks sporting little bowls of heart-shaped candies inscribed with messages such as, “Be Mine,” and “Love.” Valentine’s Day can provide a fun break from winter blahs around the office, but it’s also a reminder of a potential legal hazard — office romance. Employers struggle to […]

Health Reform News: Final SBC Rule Tries to Eliminate Redundancy with SPD

The departments implementing health reform can turn around a project when they are under the gun. Responding to concerns that the new “summary of benefits and coverage” (SBC) mandated by the health reform law is redundant, HHS, DOL and Treasury/IRS quickly turned around a final rule that eases some SBC requirements. The final rule and […]

EEOC to Hold Feb. 15 Meeting on Pregnancy and Caregiver Issues

The U.S. Equal Employment Opportunity Commissionwill hold a public meeting to discuss pregnancy discrimination and caregiver issues  on Wednesday, Feb. 15, at 9:30 a.m. (Eastern Time) at agency headquarters, 131 M Street, N.E., Washington, D.C. In accordance with the Sunshine Act, the meeting is open for public observation of the Commission’s deliberations. At the meeting, […]

Paterno Responses Range from ‘Despicable’ to ‘Very Well Written’

Last week’s epinion by BLR CEO Dan Oswald concerning the Penn State and Joe Paterno garnered perhaps the widest variety of responses—pro and con—of anything we’ve written about. By Stephen D. Bruce, PHR Editor, HR Daily Advisor There was, however, one resounding commonality. Overwhelmingly, readers showed distain for the manner of Paterno’s termination—over the phone […]

Retaliation Roulette (a game we don’t want to play)

Most employment laws include provisions protecting employees from vindictive managers who would otherwise punish them for exercising their rights. The Fair Labor Standards Act is no exception. The Labor Department’s Wage and Hour Division takes the anti-retaliation provisions of the FLSA seriously enough that it released a fact sheet (WHD Fact Sheet #77A) in December […]

IRS to Answer Your Questions on 401(k) Compliance

As a follow-up to its “Section 401(k) Compliance Check Questionnaire Interim Report,” the IRS will host a phone forum March 6. The phone forum will be hosted by Monika Templeman, Director of Employee Plans Examinations at the IRS, along with IRS employees Janice Gore and Rhonda Migdail. Submit any questions you have about the Interim […]