Practical HR Tips, News & Advice. Updated Daily.
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, […]
by Gilda Villaran The Government of Canada prides itself on its positive attitude toward immigration and openly welcomes international talent. There are no restrictions preventing the issuance of work permits based on citizenship, and there is no reason to believe that Canada will change the way it views immigration in the immediate future. Not to […]
By David M. Stevens, Whiteford, Taylor & Preston LLP A business that purchases the assets of another entity is often concerned about whether it will be held liable for the seller’s debts, including any claims involving employees. In a recent case, Maryland’s Court of Special Appeals examined the standard to be applied in determining whether […]
by Emily L. Bristol A new rule that adds “sexual orientation” and “gender identity” to the list of prohibited bases of discrimination under Executive Order 11246 goes into effect on April 8. The rule, from the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP), will apply to federal contractors that hold […]
Think the NFL was happy with this past Sunday’s games? I sure do. The NFL playoffs are in full swing and that usually is great news for the league since they get to dominate the sports headlines for a while. But after a weekend and a half of lackluster matchups and boring blowouts, the NFL […]
My mother is a wonderful woman. She’s a gentle, caring, nurturing person. When I was growing up, she instilled in me and my siblings a sense of how to treat others. My mother did this by example more than anything. She showed us how to treat others through her actions and words. She rarely, if […]
The Department of Labor (DOL) has a tool available on its website for employers that want to make sure their policies and practices don’t discriminate against qualified individuals with disabilities. The online Disability Nondiscrimination Law Advisor, available at www.dol.gov/elaws/odep.htm, helps employers determine which federal disability nondiscrimination laws apply to their business, including: Title I of […]
How much a health plan may change before losing grandfathered plan status was addressed in a final Affordable Care Act rule issued on Nov. 13 by the three U.S. departments that administer ACA reform. The rule (which takes effect on Jan. 1, 2017) finalizes familiar pieces of agency guidance, many of them issued in 2010. The rule also addresses […]
The 9th U.S. Circuit Court of Appeals decided that an insurance certificate was an official plan document that overrode the plan’s summary plan description. It shows that plans are vulnerable when they attempt to set out plan terms in the SPD only without corresponding language in the official plan document. For stronger plan design, the […]