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HR & Benefits Update

Covers human resources and other workforce management, compensation and employee benefits laws, policies and practices. By Solutions Law Press.

http://slphrbenefitsupdate.wordpress.com

May 16
Updated Kaiser Family Foundation Tool May Help Project Which Employees Will Get Subsidie

Updated Kaiser Family Foundation Tool May Help Project Which Employees Will Get Subsidie

Employers, health insurers, health plan administrators and brokers and individuals wanting help projecting when employees or other individuals are likely to qualify for subsidies for enrolling in the health insurance exchanges established…
May 12
New IRS Guidance On ESOP Investment Diversification Reminder To Tighten Compliance, Risk Management

New IRS Guidance On ESOP Investment Diversification Reminder To Tighten Compliance, Risk Management

Fiduciaries, administrators, sponsors, advisors, trustees and others with involvement or responsibility for Employee Stock Option Plans (ESOPs) should review these rules and ensure that appropriate steps are taken to update their plan terms…
May 9
EBSA Releases Model ACA Notices Discussing Coverage Option

EBSA Releases Model ACA Notices Discussing Coverage Option

Employer and other health plans should begin updating their health plan notice and enrollment documents in response to the Department of Labor’s Employee Benefits Security Administration’s release today of the following key…

Rank this Week: 238

ERISA Lawyer Blog

Covers employeee benefits, ERISA, and employment law. By Stanley D. Baum.

http://www.erisalawyerblog.com/

May 22
Executive Compensation-Tax Court Determines That Compensation Paid Was Reasonable And Deductible

Executive Compensation-Tax Court Determines That Compensation Paid Was Reasonable And Deductible

In K & K Veterinary Supply, Inc. v. Commissioner of Internal Revenue, T.C. Memo. 2013-84, the Tax Court faced the question, among others, of whether amounts paid as compensation to officers and certain employees were reasonable, within…
May 20
ERISA-Sixth Circuit Holds That State-Law Claim For Tortious Interference With A Contract Is Not Completely Preempted By ERISA

ERISA-Sixth Circuit Holds That State-Law Claim For Tortious Interference With A Contract Is Not Completely Preempted By ERISA

In Gardner v. Heartland Industrial Partners, L.P., No. 11-2327 (6th Cir. 2013), the Court faced the question of whether the plaintiff's state-law claim of tortious interference with a contract, which happens to be a pension plan subject to…
May 17
Employee Benefits-IRS Waives 60-Day Deadline For IRA Rollover

Employee Benefits-IRS Waives 60-Day Deadline For IRA Rollover

In a private letter ruling (an "LTR"), the Internal Revenue Service (the "IRS") waived the 60- day deadline for rolling over amounts into an individual retirement account (an "IRA"). In LTR 201319034, the…

Rank this Week: 266

California Insurance Lawyer Blog

Covers various ERISA, disability, health, and life insurance issues. By California insurance attorneys, Kantor & Kantor.

http://www.californiainsurancelawyerblog.com/

May 17
Our First Guest Blog: Daniel Malito writes about struggles with getting his pain medication paid for

Our First Guest Blog: Daniel Malito writes about struggles with getting his pain medication paid for

Insurance woes. Many of us have heard about a “friend of a friend,” or “some guy” who has been well and truly abused by their health insurance company. We all have the same response -- “that’s…
May 15
Transparency in Insurer Claim Approval and Denial Rates - Claim Denials Seem to Lead to Greater Profit

Transparency in Insurer Claim Approval and Denial Rates - Claim Denials Seem to Lead to Greater Profit

Like the average consumer, we are always curious about the claim approval and denial rates of health insurance companies. A new law in Vermont satisfies that curiosity by requiring health insurers who do business in Vermont to disclose claim…
May 11
Congratulations to Kantor & Kantor’s Associate Brent Dorian Brehm for being named 2013 “Lawyers on the Fast Track” by the Recorder

Congratulations to Kantor & Kantor’s Associate Brent Dorian Brehm for being named 2013 “Lawyers on the Fast Track” by the Recorder

Brent Dorian Brehm, a seventh year associate of Kantor & Kantor LLP, was recognized by The Recorder as part of their 2013 Lawyers on the Fast Track list - which recognizes California’s young emerging legal leaders. Unlike many…

Rank this Week: 309

Boston ERISA & Insurance…

Boston ERISA & Insurance Litigation Blog

Covers ERISA, insurance coverage, and insurance bad faith. By Stephen Rosenberg.

http://www.bostonerisalaw.com/

May 23
ESOPs, Appraisers and Fiduciary Liability

ESOPs, Appraisers and Fiduciary Liability

There is much uproar at the moment over the possible expansion of fiduciary status to include appraisers, whose work includes valuing the assets held by the participants in ESOPs. Appraisers understandably do not want to assume that status,…
May 21
Do You Know a Governmental Plan When You See It?

Do You Know a Governmental Plan When You See It?

Years ago, I worked with a client who liked to tell the story of having begun working with ERISA governed plans right after ERISA was enacted. He had been told by his bosses that there is this “new law,” and you are in charge of…
May 20
Player Safety and the Absence of Guaranteed Contracts in the NFL

Player Safety and the Absence of Guaranteed Contracts in the NFL

I don’t want to turn this into a sports law blog, or – heaven forbid – an NFL blog (heaven knows, there are more than enough of those), but the latest work of the Washington Post on player injuries was too good to ignore. I…

Rank this Week: 383

Discusses timely issues in labor and employment law and human resources from management's perspective, with subjects ranging from discrimination to employee handbooks and religious accommodations. By Constangy, Brooks & Smith, LLP.

http://www.employmentandlaborinsider.com/

May 17
Four reasons your employment lawyer thinks firing should be a last resort

Four reasons your employment lawyer thinks firing should be a last resort

Last week's post about whether certain employees in the news deserved to be fired, in addition to generating some great comments from readers, got me thinking about firings in general. I don't like to fire people. What's the world…
May 9
Should these employees have been terminated? Tell us what you think!

Should these employees have been terminated? Tell us what you think!

Andy Warhol said that in the future everyone would be world-famous for 15 minutes. Wouldn't you hate for your 15 minutes of fame to be from getting fired from your job? Or having everybody on the Internet cyber-shouting for your employer to…
May 2
Is your company a target of the EEOC?

Is your company a target of the EEOC?

Is your company an EEOC target? I've written before about the Strategic Enforcement Plan of the Equal Employment Opportunity Commission, which was officially adopted last December, and the Commission's priorities. Last…

Rank this Week: 420

Employee Benefits Law Report

Covers legal developments and trends affecting employee benefits. By Porter Wright Morris & Arthur LLP.

http://www.employeebenefitslawreport.com

May 20
Health Care Reform Update: Planning Now for Significant 2014 Deadline

Health Care Reform Update: Planning Now for Significant 2014 Deadline

The Affordable Care Act (the “ACA”) makes sweeping changes to the current health insurance landscape. Though some of these changes are already in force, the most significant provisions of the ACA become effective on January 1,…
May 13
Sutardja Decision Shows Employers How to Preserve Stock Option Flexibility In a 409A World

Sutardja Decision Shows Employers How to Preserve Stock Option Flexibility In a 409A World

Many commentators were surprised by the recent federal court of claims decision to deny summary judgment in Sutardja v United States. Sutardja, which currently is headed for trial, involves the IRS assessing a public company executive with…
May 6
Summer is Coming, But Don’t Forget About the HIPAA Omnibus Rule

Summer is Coming, But Don’t Forget About the HIPAA Omnibus Rule

Summer is right around the corner, so you are probably thinking about cookouts, pool parties, and vacations. HIPAA is probably the furthest thing from your mind (if not, you probably wish it was). However, before you book those beach…

Rank this Week: 567

Pension Risk Matters

Focuses on pension financial risk issues from a governance and fiduciary perspective. Published by Susan M. Mangiero.

http://www.pensionriskmatters.com/

May 19
The Importance of Clear Communication

The Importance of Clear Communication

A funny thing happened the other day while having a snack in a Paris bakery. I am here for a few days, tagging along with my husband who is teaching for a month. Shortly after we sat down, a Japanese family arrived, went to the counter…
May 13
Economic Indicators to Include Focus on Pension

Economic Indicators to Include Focus on Pension

In what most people would call a significant announcement, the U.S. Bureau of Economic Analysis ("BEA") will begin measuring economic growth this summer by taking public pension finance into account. According to its March 2013 announcement,…
May 8
Pensions and Politic

Pensions and Politic

I have a favorite shirt that gets a few laughs when I wear it. Its message is "Change is good. You go first." That is how I feel when I hear pundits talk about the future of pensions and the need for reform. What I continue to…

Rank this Week: 677

Drew Capuder's Employment Law Blog

Covers employment law news and analysis, focusing on the US Supreme Court, the Fourth Circuit, and the Supreme Court of West Virginia. By Drew M. Capuder.

http://www.dcemploymentlawblog.com/

Oct 9
Favorite quotes about the law, part 1

Favorite quotes about the law, part 1

Maybe it’s the frustrated novelist in me, but I’ve been thinking about literature and law.
Sep 13
We’ve moved!! (but only our URL)

We’ve moved!! (but only our URL)

We’ve moved!! Kinda. Okay, it’s not a real move of anything physical. Our law firm, including the tables chairs, files, and whatever else, are all still in exactly the same place.
Sep 13
Fifth Circuit applies hostile work environment to age claim

Fifth Circuit applies hostile work environment to age claim

Courts have sometimes questioned whether hostile work environment claims apply to all “flavors” of discrimination.

Rank this Week: 668

Employment Law Alert

Covers employment law topics, including discrimination, employment agreements, family leave, privacy and restrictive covenants. By Gibbons.

http://www.employmentlawalert.com

May 22
Third Circuit Deems NLRB "Recess Appointments" Unconstitutional

Third Circuit Deems NLRB "Recess Appointments" Unconstitutional

On May 16, 2013, in NLRB v. New Vista Nursing & Rehab., a divided panel of the Court of Appeals for the Third Circuit joined the D.C. Circuit in holding that the Recess Appointments Clause of the Constitution allows the President to make…
May 13
'Required' Union Poster Unlawful According to D.C. Circuit

'Required' Union Poster Unlawful According to D.C. Circuit

On May 7, 2013, in Nat’l Ass’n of Mfrs. v. NLRB, the United States Court of Appeals for the District of Columbia decided that a rule implemented by the National Labor Relations Board (“Board” or “NLRB”)…
May 9
Mitchell Boyarsky to Speak at Upcoming NJBIA Employment Seminar

Mitchell Boyarsky to Speak at Upcoming NJBIA Employment Seminar

Mitchell Boyarsky, a Director in the Gibbons Employment & Labor Law Department, will speak at the upcoming NJBIA Employment Seminar, "Workplace Harassment & Discrimination: Creating a Culture of Zero Tolerance," on Friday, May 10,…

Rank this Week: 707

Florida ERISA Blog

Covers recent developments in ERISA and employee benefits law in Florida. By Marcus Castillo.

http://floridaerisa.blogspot.com/

May 21
A Great Resource Book

A Great Resource Book

I recently had the opportunity to review PLI's ERISA Litigation Answer Book 2013.If you're new to ERISA litigation and need a quick overview of the landscape or need a handy desk reference this is a great resource. The Q and A format combined…
May 6
ERISA Liens: Big As Ever

ERISA Liens: Big As Ever

In my last blog post I overviewed the opposing arguments heard by the Supreme Court in U.S. Airways v. McCutchen. On April 16, 2013 the court handed down its decision: one clearly favorable to health insurance carriers seeking reimbursement…
Jan 17
ERISA Liens: Is the "800 Pound Gorilla" About To Go On A Diet?

ERISA Liens: Is the "800 Pound Gorilla" About To Go On A Diet?

Most personal injury attorneys undoubtedly view ERISA liens arising out of group health insurance payments as the “800 pound gorilla” that can gut a client’s recovery or indeed dissuade a lawyer from taking a case in the…

Rank this Week: 817

Employee Benefits Counsel

Covers employee benefits litigation and counseling. By Littler Mendelson PC.

http://www.employeebenefitscounsel.com

May 22
Most Employers Will Continue to Provide Health Coverage Next Year, Survey Find

Most Employers Will Continue to Provide Health Coverage Next Year, Survey Find

By Ilyse Schuman The number of employers that plan to continue providing their employees with health insurance has increased, according to a new survey conducted by the International Foundation of Employee Benefit Plans (IFEBP). The survey…
May 13
EBSA Releases Guidance on Notice to Employees of Health Coverage Option

EBSA Releases Guidance on Notice to Employees of Health Coverage Option

By Ilyse Schuman The DOL’s Employee Benefits Security Administration (EBSA) has issued new guidance on the Affordable Care Act (ACA) requirement that employers provide employees with a notice of their health insurance coverage options…
May 3
IRS Issues Proposed Rule Clarifying Health Plan Minimum Value Determination

IRS Issues Proposed Rule Clarifying Health Plan Minimum Value Determination

By Ilyse Schuman The Internal Revenue Service has released a proposed rule that provides some guidance on what constitutes minimum value (MV) of an employer-sponsored health plan under the Affordable Care Act (ACA) for purposes of eligibility…

Rank this Week: 1000

Technology Company Counselor

Covers benefits and compensation, employment law, immigration, intellectual property, litigation, securities, tax planning, and transactional issues affecting technology companies. By Epstein Becker Green.

http://www.techcompanycounselor.com/

May 17
Trade Secret, Proprietary Information, & Regulatory Requirements Concerns Contribute To Veto of New Jersey Social Media Bill

Trade Secret, Proprietary Information, & Regulatory Requirements Concerns Contribute To Veto of New Jersey Social Media Bill

By: James P. Flynn The New Jersey Legislature was overwhelmingly in favor of a measure that would have barred employers from obtaining social media IDs and other social media related information from employees and applicants. Click here…
May 10
Affordable Care Act: Important Deadline for Employee Notices of the Health Insurance Marketplace (Exchange) Due October 1, 2013

Affordable Care Act: Important Deadline for Employee Notices of the Health Insurance Marketplace (Exchange) Due October 1, 2013

By Gretchen Harders and Michelle Capezza On May 8, 2013, the Employee Benefits Security Administration of the Department of Labor (the “DOL”) issued Technical Release 2013-02 (the “Release”) providing important…
Apr 3
Why the Technology Industry Can Help Build A Better Workplace

Why the Technology Industry Can Help Build A Better Workplace

I recently read Sheryl Sandberg’s Lean In, which includes a call to action for men and women to end gender bias in the workplace. Yet, Lean In is not only a discussion about gender bias and stereotypes, women being held back or…

Rank this Week: 1016

Life, Health and Disability…

Life, Health and Disability Insurance Law Blog

Covers ERISA and non-ERISA issues on disability, life and health insurance law. By Barger & Wolen.

http://www.lifehealthdisabilityinsurancelaw.com/

Apr 16
Attorneys' Fees Reduce ERISA Plan's Recovery From Common Fund

Attorneys' Fees Reduce ERISA Plan's Recovery From Common Fund

By Robert Renner and James Hazlehurst The United States Supreme Court ruled today that absent an express provision to the contrary, the amount an ERISA plan can recover from a plan participant’s lawsuit against a third-party tortfeasor…
Apr 16
Supreme Court Considers Accrual of Statute of Limitations in ERISA LTD Plan

Supreme Court Considers Accrual of Statute of Limitations in ERISA LTD Plan

On April 15, 2013, the United States Supreme Court agreed to review a case involving the question of when the statute of limitations accrues for judicial review of an adverse benefits determination under an ERISA long-term disability…
Apr 1
Supreme Court Directs Trial Courts To Look At The Merits In Determining Whether To Certify A Cla

Supreme Court Directs Trial Courts To Look At The Merits In Determining Whether To Certify A Cla

By Michael A.S. Newman Comcast v Behrend is the latest in a series of United States Supreme Court cases in recent years that have restricted the ability of plaintiffs to certify federal class actions. In so doing, it has expanded the scope of…

Rank this Week: 1065

FLSA Cases

Covers FLSA violations, minimum wage and overtime cases. By Will Aitchison.

http://flsacases.com/

Oct 24
Failure To Disclose FLSA Claims In Bankruptcy Leads To Loss Of Claim

Failure To Disclose FLSA Claims In Bankruptcy Leads To Loss Of Claim

I’ve never had this issue come up before, and must have overlooked the few reported cases dealing with it. What happens when a plaintiff in an FLSA lawsuit obtains bankruptcy while the FLSA claim is pending, yet fails to disclose the…
Oct 21
Court Refuses To Ban Communications With Prospective Plaintiff

Court Refuses To Ban Communications With Prospective Plaintiff

In Hathaway v. Shawn Jones Masonry, 2011 WL 4916532 (W.D.Ky. 2011), Chief Judge Thomas Russell of the Western District of Kentucky faced how to handle the aftermath of a letter sent by the plaintiff to the defendant’s employees urging them…
Oct 20
An Interesting Regular Rate Case

An Interesting Regular Rate Case

Am I the only one who finds regular rate issues to be inexhaustibly interesting? If you’re in my camp, read on.

Rank this Week: 1092

ERISA and Disability Benefits Law…

ERISA and Disability Benefits Law Blog

Covers ERISA and Disability benefits litigation. Published by the Wood Law Firm.

http://www.erisaontheweb.com/

Jun 5
Court Awards Substantial Attorney's Fees to Plaintiff in ERISA Disability Case

Court Awards Substantial Attorney's Fees to Plaintiff in ERISA Disability Case

In this ERISA disability case, the federal district court in Chicago awarded attorney’s fees of $109,312.75 to the successful plaintiff, Holmstrom. The case started after MetLife decided to terminate her claim for long-term disability…
Apr 8
Court Orders CIGNA to Pay Six-Figure Attorney's Fee

Court Orders CIGNA to Pay Six-Figure Attorney's Fee

Steven Alfano won his ERISA claim for long-term disability benefits against CIGNA. The district court had previously ruled that there was “no sound basis in the record to support CIGNA’s finding that plaintiff’s back condition … had…
Apr 6
Court of Appeals Finds Sun Life Acted Arbitrarily and Capriciously

Court of Appeals Finds Sun Life Acted Arbitrarily and Capriciously

Sherry DeLisle continued working after her car crashes in 1998 and 2000. She suffered spinal and closed head injuries. Her employer, Krandall & Sons, fired her on April 17, 2002, stating that “she was not doing her job.” Eight…

Rank this Week: 1088

Employment Update

Covers current issues in employment, labor and benefits law. By Schwabe Williamson & Wyatt.

http://employmentupdate.schwabeblog.com/

Mar 20
Employers Beware: Portland City Council Passes Sick Leave Mandate

Employers Beware: Portland City Council Passes Sick Leave Mandate

By Leora Coleman-Fire, Attorney The City of Portland joined Seattle, San Francisco, Washington D.C., and the State of Connecticut when the Portland City Council unanimously passed a paid sick leave ordinance on March 13, 2013. The ordinance…
Mar 8
Employers Required to Use New Form I-9‎

Employers Required to Use New Form I-9‎

By Bradley Maier, Attorney On March 8, 2013, U.S. Citizenship and Immigration Service (”USCIS”) announced that a new Form I-9, Employment Eligibility Verification Form, is now available for use (Rev. 03/08/13, expiration date…
Mar 7
New Family and Medical Leave Act (”FMLA”) Poster, ‎Forms, and Expanded Leave Take Effect March 8, 2013‎

New Family and Medical Leave Act (”FMLA”) Poster, ‎Forms, and Expanded Leave Take Effect March 8, 2013‎

By Leora Coleman-Fire, Attorney The Department of Labor (”DOL”) published a final rule that makes significant changes to the FMLA ‎effective on March 8, 2013. Employers covered by the FMLA include private-sector employers with…

Rank this Week: 1504

California Insurance Litigation…

California Insurance Litigation Blog

Covers California insurance law and litigation, including ERISA law, class actions and unfair business practices. By McKennon Schindler LLP.

http://www.californiainsurancelitigation.com

Nov 8
Insurance Companies Must Show "Substantial Prejudice" to Deny Claims for a Failure to Comply With the Proof of Loss Requirement

Insurance Companies Must Show "Substantial Prejudice" to Deny Claims for a Failure to Comply With the Proof of Loss Requirement

Following the August 2009 Station Fire, the lawsuits of over 1,440 policyholders filed against Fire Insurance Exchange (“FIE”) and related insurers were consolidated into one case – Henderson v. Farmers Group, Inc., __ Cal.App.4th __,…
Nov 2
Insurance Agents May Be the Key to Insurer Liability

Insurance Agents May Be the Key to Insurer Liability

The Thursday November 1, 2012 edition of the Los Angeles Daily Journal featured Robert McKennon and Reid Winthrop’s front-page article entitled: “Insurance Agents Key to Insurer Liability.” In it, Mr. McKennon and Mr.
Oct 15
The Ninth Circuit Amends Opinion in Du v. Allstate removing policyholder friendly language

The Ninth Circuit Amends Opinion in Du v. Allstate removing policyholder friendly language

We recently wrote about a policyholder friendly opinion by the Ninth Circuit Court of Appeals that seemingly held that an insurer’s duty of good faith and fair dealing, which is implied in every contract of insurance, may be violated by the…

Rank this Week: 1779

Illinois ERISA Lawyer Blog

Covers health insurance, pension, long-term disability and defined contribution plans. By the Law Offices of Michael Bartolic LLC.

http://www.illinoiserisalawyerblog.com/

May 14
Illinois House and Senate Pass Competing State Pension Bill

Illinois House and Senate Pass Competing State Pension Bill

State employees in Chicago and all over Illinois with retirement plan benefits will most likely experience some sort of change to the State pension system. The Illinois House passed S.B. 1, which is estimated to completely shore up the…
May 10
Michigan Court Does Not Enforce State Ban on Discretionary Clauses in Long Term Disability Plans Where the Policy Was Issued in Another State

Michigan Court Does Not Enforce State Ban on Discretionary Clauses in Long Term Disability Plans Where the Policy Was Issued in Another State

Employees in Chicago, and all over Illinois, are starting to become more aware of a state law ban on discretionary clauses in various insurance policies that fund their employee benefit plans, such as long-term disability, health insurance,…
May 3
Discretionary Clauses in Long Term Disability Plans Are Unenforceable Even When Not in the Insurance Policy

Discretionary Clauses in Long Term Disability Plans Are Unenforceable Even When Not in the Insurance Policy

Chicago area employees with coverage under an employer-sponsored long-term disability insurance plan, health insurance plan, or life or accidental death insurance plan often do not know or think about how a standard of review affects their…

Rank this Week: 2011

New Jersey Employment Law Blog

Covers CEPA/whistleblower, ERISA, non-compete agreements, sexual harassment, Title VII, USERRA and workers compensation. By Steinberg Law Offices.

http://employment.lawfirmnewjersey.com/

May 10
Do Employers Have to Pay Summer Interns?

Do Employers Have to Pay Summer Interns?

My nephew just came home for summer break from his sophomore year at college, which got me to thinking. (No, not about how much I would like to be back in college.) What profitable use of the next three months will our returning…
Apr 18
Genesis Healthcare v. Symczyk - Is This FLSA Mootness Decision Itself Moot?

Genesis Healthcare v. Symczyk - Is This FLSA Mootness Decision Itself Moot?

Where to begin on yesterday's US Supreme Court decision in Genesis Healthcare v. Symczyk? Perhaps we should start, oddly enough, with Justice Kagan's dissent, which is quite unlike any I have seen before. She says: Feel free to…
Apr 2
All You Could Ask For

All You Could Ask For

Sometimes we go way off topic, and today is such a day. And for a good cause. Mike Greenberg is a sportscaster, the co-host of ESPN's morning drive show, the top-rated "Mike & Mike" show. Greenberg's new book, All You Could Ask For,…

Rank this Week: 1885

Michigan Longterm Disability…

Michigan Longterm Disability Insurance Lawyer Blog

Covers ERISA, insurance bad faith, and LTD policy issues. By Serafini, Michalowski, Derkacz & Associates P.C.

http://www.michiganlongtermdisabilityinsurancelawyer.com/

May 23
LTD INSURER CIGNA AGREES TO PAY $77 MILLION DOLLARS TO SETTLE CLAIMS

LTD INSURER CIGNA AGREES TO PAY $77 MILLION DOLLARS TO SETTLE CLAIMS

HartfordBusiness.com is reporting that LTD Insurer Cigna has agreed to pay $77 million dollars to settle claims brought by regulators in four states for improperly handling long term disability claims. While it is not clear what initiated…
Mar 20
INSURER AGREES TO REINSTATE ERISA LTD INSURANCE BENEFITS

INSURER AGREES TO REINSTATE ERISA LTD INSURANCE BENEFITS

The Standard Insurance Company recently agreed to reverse its decision to deny LTD benefits to a client of the firm who had ongoing and persistent back problems. The Standard denied the claim ostensibly because "the medical records do not…
Feb 4
SMDA WINS LTD BENEFITS CASE A SECOND TIME

SMDA WINS LTD BENEFITS CASE A SECOND TIME

SMDA was fortunate enough to receive another favorable decision from the federal court finding that the Long Term Disability insurer again wrongfully denied our client's claim for benefits. In Deloach v. The Great Atlantic & Pacific Tea…

Rank this Week: 2182

The Pension Protection Act Blog

Covers retirement plans, defined benefit plans, ERISA, and ESOPs. By Suzanne L. Wynn.

http://erisafile.com/blog/

Feb 12
District Court Says No to IRS About Registered Tax Return Preparers, Are ERPAs Next?

District Court Says No to IRS About Registered Tax Return Preparers, Are ERPAs Next?

Almost a month has passed since the U.S. District Court of the District of Columbia issued its opinion about IRS Circular 230 on Jan. 18, 2013, and I’m a little surprised by the lack of discussion about this opinion in … Continue…
Dec 18
The Dept. of Labor Addresses When Bankruptcy Meets ERISA

The Dept. of Labor Addresses When Bankruptcy Meets ERISA

When Bankruptcy Meets ERISA is not the latest Gary Marshall film or the sequel to Sleepless in Seattle, it is the very real mess created when a plan sponsor files Chapter 7 bankruptcy. In the last month, there has been … Continue…
Nov 28
Time to Vote for Your Favorite Law Blog

Time to Vote for Your Favorite Law Blog

The American Bar Association’s list of the top 100 blawgs is out, and voting is open. Voting is open from now to Friday, Dec. 21st.

Rank this Week: 2371

Benefits Law Update

Provides updates and commentary on employee benefit plans and executive compensation arrangements. By Verrill Dana, LLP.

http://www.employeebenefitsupdate.com/home/rss.xml

Nov 27
Working with the New Annual Limit on FSA Contribution

Working with the New Annual Limit on FSA Contribution

The Patient Protection and Affordable Care Act modified the rules relating to cafeteria plans to impose a new $2,500 annual limit on the amount that an employee may elect to contribute to a health flexible spending account (“health FSA”),…
Nov 20
2012 Year End Benefit Plan Compliance Checklist and Reminders for Employer

2012 Year End Benefit Plan Compliance Checklist and Reminders for Employer

By comparison to past years, the end of 2012 and beginning of 2013 seem not to bring all that much in the way of new legal compliance burdens regarding retirement plans, health plans, and deferred compensation plans. For the most part…
Nov 6
IRS Blesses Leave-Based Donation Programs for Hurricane Sandy Relief

IRS Blesses Leave-Based Donation Programs for Hurricane Sandy Relief

Echoing the guidance provided back in 2005 in the aftermath of Hurricane Katrina, the IRS has published Notice 2012-69 to support leave-based donation programs for the relief of the victims of Hurricane Sandy. Leave-based donation programs…

Rank this Week: 2446

Union-side Labor and ERISA Law

Covers legal issues pertinent to the representation of labor unions and multi-employer benefit trust funds. By the Urban Law Firm.

http://unionanderisalaw.com/

Jun 25
New 401(k) Regulations May Have An Important and Costly Impact on Employers and Plan Sponsor

New 401(k) Regulations May Have An Important and Costly Impact on Employers and Plan Sponsor

In recent months, numerous articles have been written regarding the Department of Labor’s new disclosure rules for 401(k) plans. The new fee disclosure rules are very important to participants in 401(k) plans because for the first time…
Apr 23
California Supreme Court Clarifies Meal Periods for Employee

California Supreme Court Clarifies Meal Periods for Employee

Recently, the California Supreme Court provided some clarification regarding meal periods for California employees. The Court was tasked with interpreting California Labor Code Section 512 and Wage Order No. 5. In Brinker Restaurant Corp.…
Apr 23
California Supreme Court Clarifies Meal Periods for Employee

California Supreme Court Clarifies Meal Periods for Employee

Recently, the California Supreme Court provided some clarification regarding meal periods for California employees. The Court was tasked with interpreting California Labor Code Section 512 and Wage Order No. 5. In Brinker Restaurant Corp.…

Rank this Week: 2442

Employment and Labour Law

Covers employment law in Canada. BY FMC Law.

http://www.employmentandlabour.com

May 14
Receipt of Pornographic Material was not Just Cause for Dismissal: Appeal Court

Receipt of Pornographic Material was not Just Cause for Dismissal: Appeal Court

In the 2001 case of McKinley v. B.C. Tel, the Supreme Court of Canada ruled that a contextual approach is required in order to determine whether there is just cause for termination of employment. A recent wrongful…
Apr 2
Reinstatement of Employment Ordered – a Decade after Disability Leave Commenced

Reinstatement of Employment Ordered – a Decade after Disability Leave Commenced

In a March 2013 decision that is likely to be challenged in the courts, the Ontario Human Rights Tribunal has ordered the reinstatement of an employee a decade after she went on disability leave, together with loss of wages from June…
Mar 20
Employee Jailed for Accepting Bribe

Employee Jailed for Accepting Bribe

An employee of a drive test centre has been jailed for accepting a bribe from a driving instructor, who has also been jailed. Harvey Aitchison worked as a driving examiner for DriveTest Centre, the agency that tests Ontario drivers, in…

Rank this Week: 2684

San Francisco Bay Area Lawyer Blog

Comments on Bay Area employment law. By The Mazzola Law Office P.C.

http://www.sfbayareaemploymentlawyerblog.com/

Mar 5
Changes to Mechanics Lien laws in 2012 - Part 2

Changes to Mechanics Lien laws in 2012 - Part 2

Two of the most commonly used remedies available to contractors are mechanics liens and stop payment notices. The rules and procedures affecting mechanics liens, stop payment notices and bond claims changed on July 1, 2012 (SB 189). An…
Feb 28
Changes to Mechanics Lien laws in 2012 - Part 1

Changes to Mechanics Lien laws in 2012 - Part 1

Construction contractors have enhanced collection remedies to help them obtain payment. Two of the most commonly used remedies are mechanics liens and stop payment notices. These rights are based on the California Constitution and various…
Jan 28
What Does Indemnity Mean? - Part 2

What Does Indemnity Mean? - Part 2

Defense Continued from Part 1. A duty to defend another is a separate part of an indemnity provision. It requires the person giving the indemnity (the indemnitor) to pay for an attorney to defend the person receiving the indemnity (the…

Rank this Week: 2691

GSAS Law

Covers New York employment and employee benefits law. By Giskan Solotaroff Anderson & Stewart L.L.P.

http://www.newyorkemploymentlawyersblog.com/

Mar 1
Take The Money and Run

Take The Money and Run

By Oren Giskan, Esq. Have you been following the FINRA v Charles Schwab ("Schwab") battle? Schwab is a stock brokerage that recently inserted a ban on class actions in its customer agreement. FINRA, the Financial Industry Regulatory…
Feb 27
The "Efficiency" of Class Arbitration

The "Efficiency" of Class Arbitration

By Oren Giskan, Esq. As we know, most companies now force their customers and/or their employees to arbitration through mandatory arbitration provisions in their contracts, whether it be an employment contract or the tiny print on the back…
Dec 5
American Express Arbitration Opt-Out Expires February 15, 2013

American Express Arbitration Opt-Out Expires February 15, 2013

by Catherine Anderson, Esq. From now until February 15, 2013, consumers may opt-out of the Arbitration Provision of the American Express credit card agreement. Consumers who opt-out of arbitration will be able to bring claims and disputes…

Rank this Week: 2690

Health Plan Law

Discusses employee benefit issues for group health plans. Covers ERISA, third party administrators, insurance brokers and agent, legal planning and risk management. By Roy F. Harmon III.

http://www.healthplanlaw.com

Aug 19
:: Plaintiffs’ Claims Under ERISA Section 510 and 502(a)(1)(B) Survive Motion To Dismi

:: Plaintiffs’ Claims Under ERISA Section 510 and 502(a)(1)(B) Survive Motion To Dismi

This case is before the court pursuant to defendant’s motion to dismiss for failure to state a claim upon which relief can be granted filed pursuant to Rule 12(b)(6) of the Federal Rules of Civil Procedure. When a Rule 12(b)(6) motion is…
Aug 19
:: Choice of Law In ERISA Disputes – How State Law May Affect Outcomes On Judicial Review

:: Choice of Law In ERISA Disputes – How State Law May Affect Outcomes On Judicial Review

Here, the Policy contained a valid choice of law provision, which indicates that the parties intended for the Policy to be governed by Texas law to the extent that it is not preempted by ERISA. Thus, in order to decide this issue, we must…
Apr 20
:: Seventh Circuit Sides With Fiduciaries On Question of Out-of-Network Disclosure

:: Seventh Circuit Sides With Fiduciaries On Question of Out-of-Network Disclosure

At the summary judgment stage of the case, the district court dismissed James’s denial-of-benefits and breach-of-fiduciary-duty claims, but awarded him minimal statutory damages against the health plan administrator. James has appealed. We…

Rank this Week: 2778

California Employee Rights Law…

California Employee Rights Law Blog

Comments on Employee Benefits and Employment Law. By Adams, Nye, Becht L.L.P.

http://www.calemployeerights.com/

Apr 13
Arbitration Clause Struck Down With Massachusetts Choice of Law Language in California Disability Discrimination Case

Arbitration Clause Struck Down With Massachusetts Choice of Law Language in California Disability Discrimination Case

A former attorney, fired from her job at a large law firm in California due to her disability got court approval to finally take her case to court, and overturn the law firm's arbitration clause. The employer could not compel arbitration…
Apr 3
Leave Beyond What is Required Under Pregnancy Leave Laws May Be A Required Reasonable Accommodation Under FEHA

Leave Beyond What is Required Under Pregnancy Leave Laws May Be A Required Reasonable Accommodation Under FEHA

A case of first impression in the California Court of Appeal clarified the rights of pregnant employees under the Fair Employment and Housing Act (FEHA), explaining that the requirements imposed by other pregnancy leave statutes do not…
Mar 27
Retaliation EEOC Claims Most Prevalent in California for 2012

Retaliation EEOC Claims Most Prevalent in California for 2012

In California and nationally, retaliation claims have been on the rise according to the EEOC (Equal Employment Opportunity Commission). Retaliation charges are made by employees when they are subjected to adverse employment actions (e.g.…

Rank this Week: 3463

Atlanta Overtime Lawyers Blog

Covers employment law with an emphasis in overtime. By Martin & Martin L.L.P.

http://www.atlantaovertimelawyersblog.com/

Mar 21
Shooter Alley Dancers' Lawsuit: Law Firm Martin & Martin Files Minimum Wage And Overtime Collective/Class Action On Behalf Of Exotic Dancers At Shooter Alley

Shooter Alley Dancers' Lawsuit: Law Firm Martin & Martin Files Minimum Wage And Overtime Collective/Class Action On Behalf Of Exotic Dancers At Shooter Alley

On March 19, 2013, Martin & Martin filed a minimum wage and overtime lawsuit against Shooter Alley, Inc. - an adult entertainment club in Georgia. The lawsuit seeks to represent all current and former dancers who have worked at the club…
Mar 10
Exotic Dancers Are Employees - Not Independent Contractors - Entitled To Minimum Wage And Overtime

Exotic Dancers Are Employees - Not Independent Contractors - Entitled To Minimum Wage And Overtime

Within the last few years, the issue of the proper status of exotic dancers or strippers has been litigated throughout the country and the general consensus among courts is that they are employees - not independent contractors -- and entitled…
Feb 25
Workers May Be Entitled To Pay For Time Traveling For Work

Workers May Be Entitled To Pay For Time Traveling For Work

Many times companies require employees to travel from one location to another and the question arises whether this travel time is compensable. Is an employer required to pay its employees for travel time? Courts look at three factors: 29…

Rank this Week: 3419

Southwest Florida Employment Law…

Southwest Florida Employment Law Blog

Covers discrimination, employee benefits, terminations, leave policies, unions, and wages & overtime. By Henderson Franklin.

http://www.swflemploymentlawblog.com/

Oct 20
Dangers of Political Debate in the Workplace

Dangers of Political Debate in the Workplace

Tis election season! And it is impossible to ignore the political debate that is unfolding in the media, on social networks, and in everyday conversation. Can and should employers restrict political discussion in the workplace? It…
Oct 1
Planning a Workplace Social Activity? Five Considerations Regarding Liability

Planning a Workplace Social Activity? Five Considerations Regarding Liability

Most years our firm sponsors an annual weekend retreat, a holiday party, and several other social activities for the Henderson Franklin team. These events are typically loosely structured and serve to improve upon cohesion and camaraderie…
Sep 24
Join Us in Cape Coral for Our First HR Law Mini-Conference

Join Us in Cape Coral for Our First HR Law Mini-Conference

Henderson Franklin's Employment Law Practice Group will host its first HR Law Mini-Conference in Cape Coral on October 16, 2012 at the beautiful Resort at Marina Village. Join us for a half-day seminar focused on topics that affect local…

Rank this Week: 3376

Pensions & Benefits Weblog

Covers accounting, cash balance plans, IRS 409A, PPA and more.

http://fuguerre.wordpress.com

Nov 17
Waiver of PBGC Premium Penaltie

Waiver of PBGC Premium Penaltie

The Pension Benefit Guaranty Corporation has codified it policy guidance on premium penalty waivers as an appendix to its premium payment regulation, effective for PBGC actions taken on or after December 18, 2006. [FR E6-19436] The PBGC…
Nov 1
By Any Other Name

By Any Other Name

This is not the first time I’ve amended the title of my pensions and benefits weblogging. Except whereas my previous change came on the heels of discovering a non-EB blog that had already been using the name I’d originally given this…
Oct 31
Key ADEA Ruling from Divided En Banc 6th

Key ADEA Ruling from Divided En Banc 6th

By demonstrating that a retirement plan’s disability benefits provision facially discriminates on the basis of age, the EEOC has established a prima facie case of age discrimination, according to a divided en banc 6th Circuit ruling…

Rank this Week: 3538

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