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Converting to a cash balance plan is risky business

Companies that move from pensions to a cash balance plan can benefit by avoiding the risk of market volatility, but they should explain all aspects of the switch to employees and be careful not to violate the prohibition against age discrimination. When cash balance accounts replace retirement pensions, employees can be highly sensitive to the […]

Walking the line between hiring only authorized workers and violating the discrimination laws

by Elaine Young Here are two situations in which you must avoid discrimination while fulfilling your obligation to hire only authorized workers.  Situation #1 ABC Resort is a beautiful, large new resort in the Utah mountains. Some of its managers heard about Immigration and Customs Enforcement (ICE) raids a few years ago at other resorts […]

12 Tips to Lower Legal Bills, Assist Lawyer in Employment Disputes

Unemployment is high, and employment litigation is increasing. We’re seeing more wrongful discharge, discrimination, and wage cases than ever. What will you do if your business is served with a lawsuit or discrimination charge by a current or former employee? We have some suggestions that can help keep your legal bills reasonable and assist your […]

DOL Misclassification Initiative Focuses on Drug Reps, Farm Hands and Home Nurses

Whether an employee is exempt from the FLSA has been a turbulent topic this year, as both DOL and Congress have been issuing proposals and bills regarding exempt jobs. DOL has been involved with the status of pharmaceutical representatives, in-home caregivers and children working on farms. Although no changes have yet been made to the […]

HSAs and HRAs: Which Are Faring Better in the Health Plan Market?

Which is faring better in today’s health insurance market—health reimbursement arrangements or health savings accounts? To find out, United Benefits Advisors (UBA) surveyed more than 10,000 employers representing more than 5 million total lives for its special report, 2015 Health Plan Survey, “HSAs and HRAs: How They’re Doing. UBA broke out the survey data on how employers […]

TPA Is Not Fiduciary in Dispute Over Benefits Error, Judge Rules

By Jane Meacham Employers should exercise oversight of third-party administrators, to ensure they distribute accurate plan notifications and information about beneficiary distributions. That’s because in the case of certain errors, the TPA may end up not being defined as a fiduciary, as Judge James Graham in the U.S. District Court for the Southern District of Ohio, Eastern Division, ruled in Stark […]

Supreme Court Hears Oral Arguments in Wal-Mart Discrimination Lawsuit

The U.S. Supreme Court heard oral arguments yesterday in Wal-Mart Stores v. Dukes, a massive lawsuit that has been called the largest employment class action in U.S. history. The class of plaintiffs in this case is estimated to include approximately 1.5 million former and current female Wal-Mart employees seeking monetary relief that could amount to […]

Workplace Culture Predictions for 2030

At the start of a new year, it’s common to make predictions about trends for the coming months. Predictions are based on emerging trends, sociopolitical and market factors, etc. Given that a new year isn’t usually that different from the previous year, these are often safe predictions.