Healthcare Reform Updates & Guidance
The Latest HR News
By Jeffrey Slanker, Sniffen & Spellman, P.A.
The U.S. 11th Circuit Court of Appeals—which covers Alabama, Florida, and Georgia—recently released an opinion that happens to provide a pretty good overview of the big changes afoot with respect to how the National Labor Relations Act (NLRA) is interpreted.
By Sean Hanft, Flexible Compensation Specialist, FSAstore.com
Financial wellness is becoming an increasingly important component of employee benefits packages and a common topic of conversation for human resources professionals nationwide. And with good reason!
By Brendan N. Gooley
We've talked a lot over the past year about the effects of the #MeToo movement on employers and employment discrimination laws. One effect is that employees are coming forward to report alleged misconduct that occurred years earlier. The good news for employers is that many such claims are untimely and barred.
By Beth Kahn and Veenita D. Raj, Clark Hill LLP
A former employee of the Shasta County Sheriff's Office argued that the county couldn't assert the defense that her claim was untimely because it didn't raise that defense when she first submitted her claim form. The county argued that it was entitled to rely on the untimeliness defense because the employee falsely represented that her claim was timely.
By Jane Meacham, Contributing Editor
The Internal Revenue Service (IRS) released a private letter ruling (PLR) on August 17 that appeared to give the go-ahead to an employer-sponsored student loan repayment benefit offered through the company’s 401(k) plan.
By Steve Jones
As a recent appellate decision demonstrates, the scope of protection afforded to servicemembers and veterans under the Uniformed Services Employment and Reemployment Rights Act (USERRA) is broad. Employers should err on the side of caution when dealing with employees returning from any military service, no matter how limited or how brief their tour of duty or training.
By Jodi R. Bohr
The Americans with Disabilities Act (ADA) defines "disability" as a physical or mental impairment that substantially limits one or more major life activities of an individual. The ADA Amendments Act of 2008 (ADAAA) clarified that the ADA's definition of disability is to be construed in favor of broad coverage to protect the individuals asserting claims under the ADA. A decade after the ADAAA, employers still find themselves struggling with just what a disability is, who a qualified individual is, and when an employer must engage in the interactive process with the employee.
By Arris Reddick Murphy
The U.S. Department of Labor (DOL)’s guidance for locating missing participants in the event of a plan termination has become more widely accepted for finding such participants in a variety of scenarios. But the guidance does not clearly state at what point the retirement plan fiduciary has met its obligation to track down missing participants who are due a benefit.
By Tammy Binford, Contributing Editor
The National Labor Relations Board (NLRB) is on track to settle once and for all the question of what constitutes joint employment, and the standard being pursued is seen as a win for employers that use a franchise business model as well as those using temporary staffing agencies.
By Kristal Leonard and Elizabeth P. Hodes
What's an employer to do when an employee reports to his supervisor that he's having unwelcome thoughts of harming himself and others? For starters, you should adopt policies to prohibit threats of workplace violence. But can you terminate an employee for violating your policy even if the threats resulted from a mental disability? This is the situation that was presented to the North Slope Borough Department of Public Works in 2015.