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ERISA’s Impact on Data Breach Lawsuits

By Sandra R. Mihok, member, Eckert Seamans Attorneys at Law Health insurance companies have increasingly become the target of cyberattacks, a trend which has spurred a wave of class action lawsuits brought by individuals whose personal information has been breached.

Family And Medical Leave: Supreme Court Says Employer Who Fails To Give FMLA Notice Is Not Required To Grant More Than 12 Weeks Of Leave

A Labor Department rule provides that when an employer fails to notify an employee that leave qualifies under the federal Family and Medical Leave Act, the time off does not count toward the 12 weeks per year the employee is entitled to under the FMLA. Federal courts have split over whether this regulation is valid—and […]

Do Your Application Forms Include Recommended Statements and Authorizations?

In yesterday’s Advisor, we shared some of attorney Stephen R. Woods’ rules for avoiding hiring lawsuits. Today we bring you more tips, and an introduction to a new audio conference about the mundane—but critical—challenge of HR recordkeeping. Woods, a shareholder at the Greenville, South Carolina office of law firm Ogletree Deakins, delivered his remarks at […]

What Are Competitors in Your State Offering in Benefits? Survey Says …

BLR’s annual survey of benefits shows a slowing in healthcare cost increases, rising deductibles, and a quarter of employers paying their workers serving in the military. The results of BLR’s annual survey of benefits paid by U.S. companies are in. Here’s what they show. And here’s how to get the report sent to you every […]

September 15 — October 15: Hispanic Heritage Month 2010

According to the U.S. Census Bureau, President Lyndon B. Johnson was authorized by Congress to declare National Hispanic Heritage Week in 1968. In 1988, Congress expanded the celebration, and September 15 was chosen as the beginning of the  monthlong event because it is the anniversary of independence of five Latin American countries: Costa Rica, El […]

DOL appeals overtime rule injunction

The U.S. Department of Labor (DOL) announced on December 1 that it will appeal a court’s injunction temporarily halting its new overtime regulations. A federal judge for the U.S. District Court for the Eastern District of Texas blocked the rules on November 22, calling the regulations “unlawful” and noting that the changes in the rules […]

OSHA Rules Flesh out Health Reform’s Whistleblower Provisions

Employers that retaliate against employees for reporting violations of certain health reform requirements could be subject to government investigations and hearings, as well as damages that include back pay awards and compensatory damages, under interim final rules issued Feb. 22 by the U.S. Department of Labor’s Occupational Safety and Health Administration. The rules flesh out […]

What are diversity managers paid?

What are diversity managers paid? A recent Altman Weil Flash Survey of 80 large law firms revealed that the median annual total cash compensation for diversity managers at those organizations is $184,000, up 5.1 percent from 2007. Other findings: diversity managers who are lawyers take home a median $195,000, and nonlawyer professionals earn $162,500; the […]

Appeals Court Holds Part of Health Care Reform Law Unconstitutional

On Friday, August 12, the Eleventh U.S. Circuit Court of Appeals in Atlanta held 2-1 that the individual health insurance mandate provision found in the Patient Protection and Affordable Care Act (PPACA), the comprehensive health care reform legislation that President Barack Obama signed into law in March 2010, is unconstitutional. More specifically, the court found […]

Federal Contractors Beware: Employees Can Sue For Additional Wages in California

Federal Contractors Beware: Employees Can Sue For Additional Wages in California If you’ve ever contracted to do work for a federal agency, then you’re probably intimately familiar with the federal Service Contract Act of 1965 (SCA)—which spells out what employers working on federal contracts have to pay their employees. Now a California Court of Appeal […]