Category: Benefits and Compensation

This topic provides guidance on how to handle compensation issues in a way that attracts and retains the best talent and advances the strategic goals of your business. You get news and tips on what’s going on nationally and in the states, and updates on changes in regulations, possible governmental action, and emerging compensation trends.

Don’t Wait for Permission—Take Action

It’s not uncommon for me to say, “I’d rather hire someone who will ask for forgiveness than someone who must ask for permission before taking action.” If you’re going to accomplish anything in life, you must be willing to act. And when you do, things don’t always turn out exactly as you would like. Sometimes […]

Trustee Stuck Holding Fiduciary Bag for Service Agreement Terms

Retirement plan sponsors that have agreements with service providers should be aware of a recent appellate court decision that absolved such providers of fiduciary duty — if a plan trustee exercised final control over the terms of their agreement. Background In Santomenno v. John Hancock Life Insurance Co., 2014 WL 4783665 (3rd Cir. Sept. 26, […]

Court Approves $1M Settlement in COBRA Class Action Lawsuit

A federal district court gave preliminary approval to a $1 million settlement agreement that would resolve a class action lawsuit alleging that an employer/plan administrator, in farming out its employees to clients, violated COBRA’s initial and election notice rules, as well as its  premium subsidy rules. The settlement would consist of a $375,000 payout to […]

Decisions Must be Made on How Employers Will Manage Section 6055/56 Reporting

Employers deciding how to comply with the Affordable Care Act’s reporting requirements have important housekeeping questions to decide, such as: (1) who will take phone calls from the IRS and employees about ACA forms; (2) whether electronic filing (for the IRS) and transmittal (to employees) is needed; and (3) which workers have coverage that was […]

EEOC Targets Another Employee Wellness Program

A second employer has been sued by the U.S. Equal Employment Opportunity Commission over its employee wellness program. Once again, the EEOC alleges that the company’s penalties for nonparticipation rendered the program involuntary, making it a medical inquiry prohibited by the Americans with Disabilities Act. The latest case, announced Oct. 1, involved a plastics manufacturer […]

Supreme Court to Hear Imprudent 401(k) Fees Case

The U.S. Supreme Court on Oct. 2 agreed to hear a case that, if overruled, could make 401(k) fee lawsuits by participants in employer-sponsored defined contribution retirement plans much easier. The High Court granted plaintiffs’ petition for writ of certiorari in Tibble v. Edison International, (13-550), a case based on the cost and prudent selection […]