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.

Court Restores Accommodation Claim for Employee with Pending Leave Request

Once an employee requests an accommodation, their employer has a duty to engage in an “interactive process” to try to determine whether they can accommodate the disability. With that in mind, employers should take note of this recent decision from the U.S. 6th Circuit Court of Appeals (which covers Tennessee, Ohio, Kentucky, and Michigan). The […]

With Medical Bills Piling Up, How Can Companies Help Employees?

Healthcare costs for Americans are rising, and along with them is the percentage of medical bills or debt in collections. A common misconception is that health insurance is a panacea for healthcare costs, but that’s simply not true. While health insurance can cover a portion of healthcare costs, many Americans are still in debt from […]

Administering COBRA Continuation Coverage in Mergers and Acquisitions Can Be Complicated

Recently, there has been an uptick in the number of business transactions in the marketplace. From a legal perspective, employee benefits issues are often a key element of any business transaction. Everything from employee pay, retention, and bonus payments to 401(k), pensions, and fringe benefits is “on the table” as the parties negotiate terms. Of […]

Time Is on Her Side: Temporary Disabilities Under the ADA

The Americans with Disabilities Act (ADA) entitles employees to job protections when they suffer from disabilities. In 2008, Congress passed the ADA Amendments Act (ADAAA), which modified the ADA. The ADAAA and regulations adopted by the Equal Employment Opportunity Commission (EEOC) interpreting the law make clear the term “disability” should be interpreted broadly. Conditions that […]

Employer’s COBRA Notice Missteps Mean it Must Provide Retiree with Retroactive Coverage, Pay Statutory Penalties

Employers that provide retiree medical coverage for certain employees need to carefully consider how to integrate that retiree medical coverage with continuation coverage under the Consolidated Omnibus Budget Reconciliation Act (COBRA). Many employers assume that if retirees receive retiree medical coverage at subsidized rates (or even for free), then no COBRA coverage has to be […]

Should Companies Require Workers to Take Time Off?

Aside from the lucky few who truly love their jobs, most people would prefer to be spending time away from work when possible. It’s somewhat counterintuitive, therefore, that Americans spend so much time at work, even when they have PTO available. Employees Leaving PTO on the Table “People were already working long hours before the […]

DOL Guidance Spotlights FLSA, FMLA, and Visa Program Retaliation

On March 10, 2022, the U.S. Department of Labor (DOL) Wage and Hour Division (WHD) issued guidance on forms of prohibited retaliation under various laws the agency enforces, including the Fair Labor Standards Act (FLSA), the Family and Medical Leave Act (FMLA), immigration visa programs, and other laws and executive orders. The new guidance suggests […]

NLRB General Counsel Seeks to Facilitate Union Organizing

National Labor Relations Board (NLRB) General Counsel (GC) Jennifer Abruzzo is taking aggressive positions designed to help unions be more successful in organizing. The GC is the agency’s top lawyer. While she can’t unilaterally change the law, she can argue prior precedent was wrongly decided and urge the present union-friendly NLRB members to change the […]

Student Athletes Sue to Be Classified as ‘Employees’

Since last year’s monumental Supreme Court decision in Alston curtailing the National Collegiate Athletic Association’s (NCAA) ability to limit student athlete compensation, the landscape continues to shift in unprecedented ways. In September 2021, the National Labor Relations Board (NLRB) announced its position that certain student athletes at private institutions should be considered employees for purposes […]

College Shoots ‘Airball’ in Basketball Coach’s FMLA Lawsuit

An “airball,” or a basketball shot that misses the backboard, rim, and net entirely, sums up an appeals court’s recent opinion about the Family and Medical Leave Act (FMLA) retaliation and interference claims filed by a college coach. The ruling contains multiple lessons for all Texas employers covered by the Act.