Healthcare Reform Updates & Guidance
The Latest HR News
By Katie Collier
The Kentucky Court of Appeals recently found that an employer took an adverse action when it accepted a man's request that it process his disabled wife's resignation from employment. However, the court ultimately dismissed the wife's disability discrimination case after reaffirming that an employee must be able to perform the essential functions of her job in the near future to file a valid claim under the Kentucky Civil Rights Act (KCRA) or the Americans with Disabilities Act (ADA).
By Travis Hanson
A janitor filed suit in Colorado against his former employer for firing him allegedly in violation of the Americans with Disabilities Act (ADA). The district court ruled in the employer's favor. On appeal, the U.S. 10th Circuit Court of Appeals (whose decisions apply to all Kansas employers) rejected the janitor's arguments and agreed with the lower court's decision.
By Dustin Berger
Colorado’s new, more stringent data privacy law is set to take effect on September 1, meaning employers face more obligations related to disposal and security of residents’ personal identifying information (PII).
By Jane Meacham
Plan sponsors regularly handle situations that arise from a deceased participant’s failure to designate a beneficiary for his or her employer-sponsored retirement account. A private letter ruling (PLR) from the Internal Revenue Service (IRS) earlier this year could provide some insight into the agency’s thinking about allowing surviving spouses to roll over a deceased participant’s funds, even if a proper designation was not made to the spouse when the participant was alive.
By Jenie Van Hampton and Bob Onghetich
Effective July 1, 2018, a new Indiana law characterizes gig workers as independent contractors when certain criteria are met. Indiana has aligned itself with Kentucky and Tennessee, which passed similar "marketplace contractor" laws that also take effect in July. Arizona has had a similar marketplace contractor law on the books since 2016. Such laws, which tend to soften the requirements for characterizing gig workers as independent contractors, contrast with the approach recently adopted by the California Supreme Court.
The Pension Benefit Guaranty Corp. (PBGC) on July 25 launched a web page that compiles staff responses to questions from practitioners about Employee Retirement Income Savings Act (ERISA) Title IV requirements that may be of interest to other practitioners.
By Kelly Smith-Haley
It’s not uncommon for businesses to engage subcontractors to outsource certain functions such as janitorial services, payroll, and even HR. While the arrangements may be useful from an operations standpoint, they can create a huge mess when it comes to determining who is liable for alleged acts of discrimination. Here’s the latest dirt on joint employer liability under Title VII of the Civil Rights Act of 1964.
By Phillip S. Oberrecht
In light of the #MeToo and #TimesUp movements, many companies have been experiencing an increase in sex discrimination claims. All sexual harassment in the workplace is prohibited and considered sex discrimination under Title VII of the Civil Rights Act of 1964 and the Idaho Human Rights Act.
A recent survey conducted by Ranstad US explored what workers think about and want from benefits in the workplace. The results showed a staggering majority (94%) want assurances that their benefits will have a real impact on their quality of life. That includes benefits that address student loan debt, work/life balance, and flexibility in general.
By Amanda M. Jones
The #MeToo movement placed appropriate emphasis on the obligation of employers to timely investigate complaints of sexual harassment in the workplace. But could complying with that obligation result in a lawsuit by the accused employee against the investigator if the investigation concludes that misconduct occurred and the employee is fired? A recent decision by the Hawaii Supreme Court raises that question.