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Reform’s Essential Health Benefit Rule Clarifies Employer Plan Obligations

Health reform’s final essential health benefits rule makes it clear that self-insured and large group health plans do not need to comply with limits on growth in employee cost-sharing, offer all 10 categories of essential health benefits, or meet actuarial minimums like small-group and individual policies. However, the regime explained in the rule is still […]

Look out―here comes GINA!

by Craig L. Olivo and Hilary L. Moreira The Genetic Information Nondiscrimination Act (GINA) prohibits employers from discriminating in any term or condition of employment based on employees’ or applicants’ “genetic information.” It also prohibits you from requesting, requiring, or purchasing genetic information (with narrow exceptions). GINA was passed by Congress out of concern that […]

Preventing Employee Data Leaks Requires Proper Safeguards

Reducing the risk of data breaches requires assessing your company’s vulnerabilities, then addressing them with policies, procedures, training and agreements. The media tend to focus on external hackers, but “the real culprits for most our clients are internal,” according to employment law attorney Robert Fitzpatrick. Employee data breaches can be classified into the deliberate and […]

Terminating Employees: New Case Points Out Important Strategy

It’s a familiar scenario: The new employee you hired just isn’t working out. Her performance is poor, and she repeatedly falls short on assignments. You’ve warned her that she isn’t meeting your company’s standards, yet she still fails to improve. You decide to fire her. Before you act, you should know about a recent court […]

Impending HIPAA audits will focus on risk analysis and training

Now that the U.S. Department of Health and Human Services finally appears to be moving ahead with its HIPAA audit program, health plans and other covered entities need to be preparing documentation and shoring up their risk analysis and training, among other things, HIPAA experts suggested in recent webinars. “They’ve been talking about it for […]

EEOC Develops Best Practices Against Caregiver Discrimination

On April 22, the Equal Employment Opportunity Commission (EEOC) offered employers new guidance and best practices on avoiding discrimination against workers with caregiving responsibilities. The best practices document is available online at www.eeoc.gov/policy/docs/caregiver-best-practices.html and illustrates proactive measures employers can take that go beyond federal non-discrimination requirements. It supplements a 2007 EEOC guidance document on unlawful […]

New Haven Firefighters Supreme Court Decision: Perfect Storm?

By BLR Founder and CEO Bob Brady Several years ago, the HR department of the city of New Haven, Connecticut, was presented with a very difficult choice: It could accept the results of a recent promotion exam and risk the ire of the majority of city residents, or ignore them and risk a lawsuit by […]

Accommodating Mental Illness

By Alix Herber and Hadiya Roderique In Canada, employers have a duty to accommodate individuals suffering from a disability to the level of undue hardship. In the case of an employee with a physical disability, it often can be relatively straightforward to identify accommodations that can be implemented. In contrast, the accommodation of mental illness […]

Funding Changes May Embolden Pension Investors to De-emphasize Risk

Many retirement plan sponsors and administrators are cheering the phase-in of reduced funding requirements that tie future company contributions to a 25-year average interest rate. Nonetheless, some experts predict that the changes may encourage investors in these plans to think less about hedging risk. A report Towers Watson issued, “The Implications of Funding Relief: What […]

So What Are You Doing Later This Week?

Maybe you’ve got the usual lined up: a few (probably more than a few) meetings, some “repeat offender” employees who need to be whipped into shape yet again, piles and piles of paperwork, questions from above and below about all kinds of matters big and small.