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Finetuning ‘Fiduciary’ — DOL taking Another Stab at Definition

Thanks to President Obama’s executive order on revisiting federal regulations, and likely a flood of comments from the employee benefits community, the U.S. Department of Labor (DOL) is scratching its proposed rule on the definition of fiduciary and will be issuing a revised one in early 2012. In what likely could be considered an understatement, […]

Mandatory Arbitration—As Good as It Sounds?

No more lawsuits, faster results, lower judgments—what’s not to like about mandatory arbitration? Not much, but there are issues to consider and pitfalls to avoid, says attorney Sandra Rappaport. Typical employee arbitration agreements require that all work-related disputes between the employer and employee be resolved by impartial arbitrators rather than by jury trial, says Rappaport, […]

Domestic Partner Benefits? 45% Offer or Plan to Offer (Survey Results)

By Stephen D. Bruce, PHR Editor, HR Daily Advisor Thirty-eight percent of participants in our recent survey of spousal and domestic partner benefits offer domestic partner benefits to at least some employees, and an additional 7 percent plan to offer such benefits at some point in the future. However, 53% of organizations do not offer […]

Care Coordination: Providers, Payers & Plans Put Consumer First

Health plans and their sponsors should pay close attention to the health care providers that are improving consumer experiences and clinical outcomes, and take note of how they are doing it. In a system where it’s every provider for himself, provider have little incentives to make it easier for patients to get care, to improve […]

News Notes: Microsoft Loses Independent Contractor Class Action Lawsuit

Reaffirming its decision from last fall, the federal Ninth Circuit Court of Appeal covering California has ruled that employees who were misclassified as independent contractors by Microsoft are eligible to participate retroactively in the company’s lucrative stock purchase program and possibly its pension plan as well. Part of Microsoft’s problem was that its forms and […]

Is ‘Psychological Recession’ Dragging Your Company Down?

Massive layoffs and reduced pension payouts have helped corporate America trim expenses, but there’s been a cost—a disastrous new employee mindset. And the negative effects of that mindset—what today’s expert calls “psychological recession”—go straight to the bottom line. “Psychological recession” is an “emotional state” that includes a “dour view of the present and an even […]

Unmarried and Single Americans

“National Singles Week” was started by the Buckeye Singles Council in Ohio in the 1980s to celebrate single life and recognize singles and their contributions to society. The week is now widely observed during the third full week of September, which is September 18-24 this year, as “Unmarried and Single Americans Week,” an acknowledgment that […]

New Florida Law Allows Random Drug Testing of State Employees

by G. Thomas Harper Governor Rick Scott has signed into law controversial House Bill (HB) 1205, which will change the way state employers deal with drug testing their employees. What follows is a quick update on how HB 1205 will affect employers when it goes into effect at the beginning of July. In addition to […]

ERISA Rules Do Not Forbid Dropping Fund Transfer Option, Another Court Finds

Eliminating a participant option to switch to a defined benefit plan from a defined contribution offering does not violate ERISA anti-cutback provisions, even if participants’ accrued — but unclaimed — benefits are reduced. The recent ruling in Andersen v. DHL Retirement Pension Plan (Case No. 2:12-cv-00439-MJP WL 5389141, U.S. Dist., Western District of Washington Nov. […]

What’s Penn State Mean for HR? More Harassment Cases

Special from the Advanced Employment Issues Symposium, Las Vegas The unfortunate revelations of alleged sexual misconduct at Penn State and other schools will have one clear effect for HR, says attorney Mark Schickman: You’re going to see an uptick in harassment charges. Sexual harassment charges had been declining somewhat, but the recent publicity will reverse […]