Tag: benefits

News Notes: Use Caution When Advising Employees About Retirement Benefits

Carol Becker, a terminally ill Eastman Kodak Co. employee, put off taking early retirement in favor of going on long-term disability. She planned to retire a few months later, but then died just three days before her retirement date. Her husband sued Kodak, claiming it violated the Employee Retirement Income Security Act because a company […]

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 […]

Domestic Partner Benefits: More Insurance Available, But Warn Employees About Risks Before They Sign Up

Although health benefits for employees’ domestic partners are becoming more common, many small to mid-sized employers have had trouble finding an insurance company willing to provide the coverage. Several new developments, though, may make it easier for you to extend these benefits to your workers. But there could also be a serious downside for employees […]

Complaining Employees: Firing Workers Who Use E-Mail To Gripe Is Now Risky

E-mail has fast become an efficient and popular way of communicating in the workplace. But it has also raised legal issues for employers, ranging from privacy problems to possible liability for harassment when employees use e-mail to send off-color messages. Now there’s a new concern: if an employee sends an e-mail message criticizing your personnel […]

Union Organizing: Employer To Pay $1.3 Million For Firing Workers Before Election; Do You Know Your Rights?

Have your employees become discontent, asked for higher pay and better benefits or grumbled about recent management changes? If so, beware-it’s these workers who are most likely to become interested in forming a union. And if this happens, it’s critical that you know exactly what the law allows you to do in response to their […]

Personnel Manuals And Handbooks: Surprising Danger Lurks In Common Disclaimers; A 4-Point Update Checklist

Your employee handbooks and manuals probably state that the policies are not intended to create a contract and are subject to change. This is a common provision employers use to maintain the flexibility to modify their personnel practices and procedures. But now, in a recent case many employers will find startling, one company learned this […]

Pension Plans: Billion Dollar Surplus Nightmare For Employer; How To Stay Legal

  If you have a defined benefit pension plan for your employees, thanks to stock market gains it may contain more money than you’ll need to pay out in benefits. But be careful before you use this “extra” money. One employer recently found there are strict rules about what you can and can’t do with […]

Disability Discrimination: Court Says Look For Alternative Jobs, Even If Workers Don’t Ask; How To Avoid Accommodation Traps

Your obligation to accommodate disabled workers may be much broader than you think. According to a new California Court of Appeal ruling, if one of your employees becomes disabled and can’t perform their job, you must suggest possible reasonable accommodations-even if the employee doesn’t ask for your assistance. What’s more, you might be required to […]

News Notes: Incomplete Summary Plan Descriptions Can Be Costly

Auto parts manufacturer Kelsey-Hayes Co. gave employees a summary plan description of their employee benefits plan stating that health insurance would continue at no cost when they retired. The summary didn’t mention the company had the right to modify or terminate benefits, even though the master health care plan paperwork did. Later, when Kelsey-Hayes informed […]