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COBRA Penalties Not Needed When QB Got ‘Free’ Coverage, 8th Circuit Affirms

An employer/plan administrator that tried to make good on a COBRA administrative error got more reinforcement that its efforts greatly minimized its legal liability. The 8th U.S. Circuit Court of Appeals affirmed the fact that the aggrieved qualified beneficiary received two years of free health coverage effectively cancelled out any need to impose penalties for […]

Does PTO Count at Your Company?

A surprising survey shows that many companies simply don’t track their paid-time-off (PTO) programs, even though the cost may be as high as health care. Potential savings from better management: millions.

‘Worker centers’ thriving in the absence of unions

by W. Scott McLellan I’m based in Austin, and as you may know, Texas is not exactly a hotbed of traditional labor unions. Unlike employers in other parts of the country, Texas employers have long enjoyed a degree of flexibility in operations and employee relations that unions can prevent. However, that flexibility can lead to […]

Workers’ Compensation: When You Can Terminate An Injured Employee’s Health Benefits; 3 Guidelines To Follow

Several years ago, the California Workers’ Compensation Appeals Board ruled that it’s illegal to terminate an injured worker’s health benefits unless you can show a legitimate business reason for doing so. But now the board has ruled that you can cut off health benefits for an employee out on workers’ comp leave so long as […]

Investigating an Employee’s Formal Complaint

When an employee initiates a complaint to HR of unfair treatment or sexual harassment, the best thing to do is to move immediately to start an investigation. Choose an objective, outside investigator, attorney, or HR professional to conduct the investigation. Prepare a summary statement of the complaint that the interviewee agrees with and signs. Interview […]

3 emerging trends for employers to watch

by Bryan R. Cokeley The following article provides an overview of how the law might change in the near future based on three issues that employers across the country have been grappling with.  1. Ban-the-box legislation The United States incarcerates a larger percentage of its population than any other industrialized country. Consequently, our correctional facilities […]

Focus on the Desired Outcome

You ever find yourself faced with situation that is so screwed up that no matter what solution you come up with, it’s guaranteed to be better than what’s currently being done? You think to yourself, “There’s no way I can’t make this better than it is today. It’s going to be really easy to look […]

New York City paid sick leave law begins April 1

by New York Employment Law Letter New York City employers need to be ready for the city’s new Earned Sick Time Act by the April 1 effective date. Beginning April 1, the law, passed last summer over the veto of then-Mayor Michael Bloomberg, requires private-sector employers with 20 or more employees in New York City […]

California Employers Face State Rules that Exceed ADA

Employers in California must comply with a new set of rules that go above and beyond what the federal Americans with Disabilities Act requires. While ADA and its regulations do not explicitly require employers to participate in the interactive process of finding an appropriate accommodation for an employee with a disability, a failure to do […]