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An increasing number of employers are examining providing a low-benefits health plan that covers only preventive health services but not high-price major medical claims. Offering this type of low cost or “skinny” plan is allowed under the health reform law. The question is: Will skinny plans trigger a large-employer exodus to de minimis coverage, and if so, […]
Can an employer require an annual physical in order to sign up for the employer-sponsored health plan?
Wellness programs—win-win and no legal hassles, right? Actually, there are a number of legal pitfalls awaiting the unwary wellness manager. For example, the Health Insurance Portability and Accountability Act (HIPAA), the National Labor Relations Act (NLRA), the Internal Revenue Code, and the Genetic Information Nondisclosure Act (GINA) all have requirements that bear on wellness programs. […]
DOL recently settled a case against a major construction company, whose list of legal failures provides a good checklist of infractions every company should strive to avoid. (You’ll also avoid the almost $1 Million fine the company will pay to settle the case.) DOL’s action against Lettire Construction Corp., which was punctuated by the substantial […]
By Kyle Johnson, JD The 6th Circuit—which covers Kentucky, Michigan, Ohio, and Tennessee—recently ruled that an employee who was allegedly laid off while she was on leave covered by the Family and Medical Leave Act (FMLA) was entitled to a jury trial because the employer’s lack of written policies left unresolved questions about her status.
Immigration reform legislation continues to heat up on both the state and federal fronts. In the midst of protests surrounding a new Arizona law that critics see as a license for racial profiling, a group of Democratic senators unveiled a new federal bill on April 29 that would require employers to use biometric social security […]
Fiduciaries of a major Western lumber producer’s group health plan have agreed to settle the U.S. Department of Labor’s (DOL’s) allegations that the plan violated claims procedure and other requirements of the Affordable Care Act (ACA) and the Employee Retirement Income Security Act (ERISA).
This content was originally published in October 2009. For the latest FMLA regulation changes, visit our FMLA article archives or try our practical FMLA compliance guide. In June, The U.S. Equal Employment Opportunity Commission (EEOC) voted 2 to 1 in favor of new proposed regulations under the Americans with Disabilities Act (ADA). The proposed revisions […]
Natural disasters wreak havoc on all facets of a community. The death toll from fire, flood, wind, snow, and ice is the most obvious concern, but the property damage that can leave people homeless or dealing with serious damage causes problems long after the initial storm passes. Employers, too, have to deal with loss, damage, […]