Tag: benefits

Is Zappos’ Radical Approach to Recruiting Right for You?

In the past year, Zappos received about 31,000 applications, and only hired about 1.5% of the applicants. This prevented the company’s small recruiting team from “working in a purposeful way,” according to Mike Bailen, senior HR manager. Thus, the onus here will really be on the candidate to make him or herself stand out from […]

Thousands of 401(k)s Fail Nondiscrimination Tests

Thousands of 401(k) plans failed their recent IRS nondiscrimination testing and had to return excess contributions to highly compensated employees because of imbalanced retirement plan coverage, according to research by a 401(k) advisory firm. Almost 60,000, or about 12 percent, of plans reviewed were forced to make “corrective distributions” to HCEs in 2012, the latest […]

EEOC: Pregnant Employees Entitled to Accommodation

Pregnant employees are entitled to workplace accommodations, according to new guidance issued July 14 by the U.S. Equal Employment Opportunity Commission. Because the Pregnancy Discrimination Act requires that employers treat pregnant employees the same as other workers “not so affected but similar in their ability or inability to work” — and because the Americans with […]

I Need to UNdesignate Some FMLA Leave; Is That OK?

What can you do if you discover that you’ve mistakenly designated leave as FMLA-qualifying? Several cases help point the way to the policy you should follow. Employer’s Promise (Designation) Must Be Kept Some courts have held that employees are entitled to FMLA protections based on representations made by the employer, even if the employer’s representation […]

Designating FMLA— First Place Employers Fail

When the employer has enough information to determine whether the leave is being taken for a FMLA-qualifying reason (e.g., after receiving a certification), the employer must notify the employee whether the leave will be designated and will be counted as FMLA leave within 5 business days, absent extenuating circumstances. The employer is always responsible for […]

Self-funded Plans and TPAs Affected by Top Court’s Hobby Lobby Ruling

The U.S. Supreme Court ruling that “closely held” for-profit companies can — on religious grounds — opt out of a federal requirement to provide certain contraception coverage is rife with implications for self-insured and other employer-sponsored health plans. The ruling is unlikely to lead to a wide variety of religiously inspired opt-outs, benefits attorneys held, […]

Supreme Court Frees More For-profits from ACA’s Contraceptive Mandate

Closely held corporations with religious objections cannot be required to provide contraception coverage under health care reform regulations because that would violate the owners’ rights under the Religious Freedom Restoration Act, the U.S. Supreme Court today ruled in Burwell v. Hobby Lobby, No. 13-354 (Sup. Ct., June 30, 2014). The ruling could force the Obama administration […]

DOL Would Extend FMLA Rights to Same-Sex Couples

The U.S. Department of Labor has announced a proposed rule that would change the Family and Medical Leave Act’s regulatory definition of “spouse” so that an eligible employee in a legal same-gender marriage will be able to take FMLA leave for his or her spouse or family member regardless of the state in which the employee resides. […]