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Can Benefits Bills Distract Congress from Debt Acrimony?

This summer, the U.S. House and Senate took a break from its floundering over debt and deficits to consider a few measures affecting employee benefits. Perhaps it was refreshing, spending at least a little time thinking about something else. Let’s take a look at the latest House and Senate bills that could affect employee benefits. […]

U.S. Supreme Court Reverses Decision on Decades-Old Maternity Leave

In a May 18, 2009, decision, the U.S. Supreme Court addressed the issue of whether women who took maternity leave decades ago (before discrimination based on pregnancy became illegal) can sue to have their pregnancy leave time count toward their pensions. The Court reversed the Ninth U.S. Circuit Court of Appeals’ ruling and held that […]

IRS Further Explains Large-employer ACA Reporting

Large employers learned more details in new IRS guidance about how to both report about their coverage and fill out and file IRS forms designed to determine whether they are meeting the Affordable Care Act’s coverage requirements for employers. Under the new guidance, if a large employer’s workforce is comprised entirely of part-time employees who were […]

Kids’ Dwindling Writing Skills Are No Reason to LOL

Is writing becoming a lost art? The adoption of new technology has forever changed how we communicate with one another—and that includes the written word. I’m certain my kids write more with their thumbs, texting incessantly on their phones, than any other way. And I say that even though two of my kids are in […]

OFCCP issues new rules on hiring of disabled individuals

by Elizabeth Bradley On August 27, the U.S. Department of Labor’s (DOL) Office of Federal Contract Compliance Programs (OFCCP) announced a final rule intended to promote the hiring and employment of people with disabilities by federal government contractors. The rule makes changes to the regulations implementing Section 503 of the Rehabilitation Act of 1973, which […]

ADA: Employee Refuses to Engage in Interactive Process, Then Sues

By Al Vreeland, JD, Lehr Middlebrooks Vreeland & Thompson, P.C.  Since the Americans with Disabilities Act (ADA) was amended in 2008, the focus of ADA compliance has shifted from whether an employee has a disability (because everything now qualifies as one) to whether an employee’s disability can be reasonably accommodated.

Trustee Stuck Holding Fiduciary Bag for Service Agreement Terms

Retirement plan sponsors that have agreements with service providers should be aware of a recent appellate court decision that absolved such providers of fiduciary duty — if a plan trustee exercised final control over the terms of their agreement. Background In Santomenno v. John Hancock Life Insurance Co., 2014 WL 4783665 (3rd Cir. Sept. 26, […]

DSLE Manual Quickly Updated to Reflect Brinker

Just days after a California appeals court issued the Brinker Restaurant Corp. ruling on meal and rest periods (see our story on the new case on p. 1), the California Division of Labor Standards Enforcement (DLSE) updated its Enforcement Policies and Interpretations Manual to reflect the new legal interpretations the court provided. It remains to […]

FLSA Misclassification Woes: Independent Contractor or Employee?

Properly classifying someone as either an independent contractor or employee is one of the biggest problems employers have when adhering to FLSA requirements. Do you know when it is okay to classify someone as an independent contractor and when they should be classified as an employee instead? DOL Focus: Independent Contractor or Employee "One of […]