Practical HR Tips, News & Advice. Updated Daily.
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.
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 […]
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: […]
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 […]
It is clear based upon the U.S. Supreme Court decision in U.S. Airways v. McCutchen that ERISA health plans should consider modifying their plan provisions to expressly negate the application of the common fund rule in the future. This decision represents a victory and a reminder. The McCutchen ruling (No. 11-1285 (U.S. Ct., April 16, […]
Yesterday’s Advisor featured SHRM’s top-rated speaker, Attorney Jonathan Segal, who offered the first 10 of his “they won’t tell you, but I will” principles. Today, 11 to 15, plus an introduction to the handy wage and hour guide that helps you solve little problems before they become big and expensive ones. Segal, who is a […]
Clear plan document terms in ERISA group health plans are the best defense against legal claims asserting broad equitable remedies, the U.S. Supreme Court reinforced in an April 16 decision. In its holding, the Court affirmed that equitable theories, such as make-whole, common fund, unjust enrichment and double-recovery doctrines should not be allowed to override […]
Any employee benefit program will better meet its objectives if an employer communicates about it effectively. And perhaps no other employee benefit plan requires as much careful attention to employee communication as a 401(k) plan (see ¶102 in Thompson’s The 401(k) Handbook). Pre-tax 401(k) plans are unlike employee savings plans that use after-tax contributions, and […]
Attorney Jonathan Segal, SHRM’s top-rated speaker, has been listening to what employees say about HR and compensation, and he’s distilled what he learned into 15 principles all managers should abide by. Segal, who is a partner with law firm Duane Morris LLP in Philadelphia, shared what he’s found in engagement surveys, discussions with CEOs and […]
Beyond health insurance and retirement benefits (covered in previous surveys), the number one perk provided by the employers responding to our survey was paid holidays, with 91% percent of them offering it. Other highlights: Flextime is offered by 53% of respondents. About 33% relax their dress code in the summer, at least for some […]