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Some Self-funded Plans Could Escape Reform Reinsurance Fees

Self-funded plans that are also self-administered will be made exempt from paying reinsurance contributions under the health care reform law for the 2015 and 2016 benefit years, the Centers of Medicare and Medicaid Services said in final program integrity rules. The promised relief will occur in future rulemaking, according to the preamble of the program […]

Independent Contractors: Maid Company to Pay Big for Misclassification

A federal judge has ordered Southern California Maid Services and Carpet Cleaning, based in Gardena, to pay $3,467,789 in back wages, plus $1,058,973 in liquidated damages, to 385 current and former low-wage domestic workers who were misclassified as independent contractors. The court’s action resolves a lawsuit filed against the employer by the U.S. Department of […]

Will New Litigation Risks Proliferate Because of Health Reform?

With thousands of pages of new laws and rules, there must be thousands of new reasons for employees to sue for health benefits not delivered properly in the wake of near-complete enactment of health reform starting in 2014, one could be forgiven for thinking. Health reform certainly does appear to be somewhat of a litigation […]

Employers See Dramatic Rise in Pregnancy Discrimination Claims

The Pregnancy Discrimination Act (PDA) is back in the news as the U.S. Supreme Court considers whether AT&T violated the Act by paying reduced pension benefits based on uncredited pregnancy leave taken before enactment of the PDA in 1978. That upcoming decision may influence whether companies have to change their policies retroactively to comply with […]

Bulletin: Final Rule Addressing Stock Diversification Notice Penalty Issued

The U.S. Department of Labor’s Employee Benefits Security Administration has published a final rule clarifying the penalty that may be imposed on a plan administrator for failing to provide a written notice to participants and beneficiaries of their rights to diversify the portions of plan accounts that are invested in the employer’s publicly traded securities. […]

Supreme Court Revives Pregnancy Accommodation Suit

The U.S. Supreme Court on March 25 vacated and remanded an appeals court ruling that the Pregnancy Discrimination Act does not require employers to accommodate pregnant employees. In Young v. UPS, the 4th Circuit held that UPS did not violate the PDA by limiting light-duty accommodations to employees: (1) injured on the job; (2) disabled as […]

Which Religious Holidays Are Recognized the Most?

Christmas Day — 99% Christmas Eve —  44% Good Friday —  29% Easter — 19% Yom Kippur —  2% Ash Wednesday —  1% Passover —  1% Hanukkah — 1% Rosh Hashanah —  1% Other —  4% Source: Religion and Corporate Culture Survey Report (SHRM, 2008)

‘Victory’ in Court Is Always a Little Bitter

In employment law cases, “Victory in court is always a little bitter when the costs of achieving it are factored in,” says attorney Russell Adler. He was referring in particular to the potential dangers of giving references. Adler, who practices labor and employment law at WolfBlock, made his remarks on workforce.com. His advice: “Stay out […]

New Wyoming law will help employers protect their computer systems

by Bradley T. Cave A Wyoming law going into effect on July 1 creates a new criminal offense—computer trespassing—that may give employers a new tool to prevent employee sabotage. Computer trespassing occurs when a person knowingly and without authorization sends malware, data, or a program that (1) alters or damages a computer, system, or network […]