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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 […]

Performing an EPA checkup

by Sophie E. Zdatny Equal pay for equal work may seem like a no-brainer, but the gender pay gap is still with us almost 50 years after the passage of the Equal Pay Act (EPA) in 1963. Nationally, women earn 77 cents for every dollar earned by men. The Vermont Attorney General’s Office (AG) and […]

Even more mysteries of mitigation

By Michel Bellemare Last fall, we reported on the mysteries of mitigation. Those articles (“When do employees have a duty to mitigate termination claim?” and “More mysteries of mitigation”) reported on the Ontario Court of Appeal’s decision in Bowes v. Goss Power Products Ltd. that confirmed that the duty to mitigate doesn’t necessarily apply where […]

Use HR Metrics to improve new hire performance

There are three primary areas where you can use HR metrics to analyze and improve your hiring process. One are is improving administrative efficiency (by reducing cost per hire, time to fill, etc.). Another is reducing waste and rework– high turnover means wasted time and money in recruiting and training (It’s better to get the […]

Trump

President Trump’s growing pains could benefit from business lessons

by Dan Oswald If he has learned one lesson in his four months as president, Donald Trump has certainly discovered that the scrutiny he receives as the “leader of the free world” and one of the most powerful people in the world is much greater than anything he has experienced previously. President Trump, long known […]

Did Railroad Employee’s FMLA Claim Have Steam?

By Laurie Jirak, The Murray Law Group, P.C. The U.S. District Court for the District of Minnesota recently had to decide whether a railroad’s decision to terminate just one employee in a reduction in force was an unlawful retaliation against the employee for exercising his Family and Medical Leave Act (FMLA) rights.

Health-care Reform Ruling Means Employers Must Now Set Sights on Compliance

The U.S. Supreme Court’s landmark ruling on June 28 to uphold nearly all provisions of President Obama’s health-reform law removes any excuse for employers to drag their feet implementing reform-driven changes to their health plans. Uncertainty on whether the law still would be binding on plans was hindering implementation, many sources say, but with the […]

IRS Mandates Electronic Filing by Large Retirement Plans

IRS issued final regulations requiring employer retirement plan sponsors or administrators that file at least 250 returns in a calendar year to submit Form 5500 annual reports and other plan-related documents electronically. The regulations are effective Sept. 29, and apply for plan years that begin on or after Jan. 1, 2014, and have a filing […]