Most Popular

Work hard, play hard work harder

As discussed in our previous blog post, the Richie Incognito-Jonathan Martin scandal has dominated the sports and national headlines. Lost somewhat in the midst of an Incognito-Martin-centric sports news cycle were the recent health scares of Denver Broncos coach John Fox and Houston Texans coach Gary Kubiak during week 9 of the NFL season. Fox, […]

Hiring: Best of Intentions, Worst of Lawsuits

Today, more manager’s hiring mistakes to add to the expensive 6 in yesterday’s Advisor, plus a program that’s helping HR managers all over the country be more effective … especially if they’re in small or one-person departments. Although they may have the best of intentions, untrained managers doing hiring can get their companies in legal […]

Agencies Add Safe Harbors to 90-day Rule for Health Plan Enrollment

Generally, waiting periods to enroll in health coverage cannot exceed 90 days, and eligibility conditions based solely on the lapse of a time period are permissible for no more than 90 days, under new final rules issued by the U.S. Departments of Labor Health and Human Services and the Treasury. In addition, the employer has […]

New Oklahoma law confirms enforceability of nonsolicitation agreements

Although noncompetition agreements remain unenforceable under state law, a new law confirms that Oklahoma employers may enforce agreements prohibiting former employees from soliciting a company’s employees to leave their jobs to work for another employer. For some time, Oklahoma employers have been able to contractually prohibit former employees from soliciting workers for a reasonable period […]

Your Policy on Religion in the Workplace: What It Must Address

Without a solid policy on religion, you haven’t a prayer of winning a discrimination case. Here’s some of what that policy should take into account. Also included is a tool to handle virtually all your policy issues without the work and worry of writing these edicts yourself. With both the Jewish High Holy Days and […]

Could Taking on Unpaid Summer Interns Lead to Trouble Under the FLSA?

However, warns Evelyn Gentry, Faegre Baker Daniels LLP, there are downsides for employers that use unpaid interns, the most notable being potential violations of the FLSA. Misclassifying employees as unpaid interns, and thereby denying them federal minimum wage and overtime wages can result in costly litigation, civil fines, or both. Furthermore, employers who willfully violate […]

Supreme Court in McCutchen: Clear Plan Terms Prevail Over Broad Equitable Remedies

Clear plan document terms in ERISA group health plans are the best defense against legal claims asserting broad equitable remedies, the U.S. Supreme Court reinforced in an April 16 decision. In its holding, the Court affirmed that equitable theories, such as make-whole, common fund, unjust enrichment and double-recovery doctrines should not be allowed to override […]

Insurance Contract Overrules More Specific SPD, 9th Circuit Rules

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 […]

CBO: Fewer employers would offer insurance under Obamacare replacement

On March 13, the nonpartisan Congressional Budget Office (CBO) released its cost estimate of the effects of the proposed Affordable Care Act (ACA) repeal and replace legislation. Deficits down, but number of uninsured up According to the CBO and the Joint Committee on Taxation (JCT): The legislation would reduce federal deficits by $337 billion from […]

Workingjay

Inspired by The Hunger Games trilogy, some employers may feel the urge to pile the employees onto a bus, head off site, and pit coworker against coworker in some form of physical competition under the guise of “team building.” Savvy employers are always looking for new and better ways to motivate the troops, solidify relationships, and build […]