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Employee Benefits Law Report Reporting on recent trends and developments affecting employee benefits

Category Archives: Employment Issues

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Health reimbursement accounts failed to satisfy collective bargaining agreement provisions: is the Sixth Circuit handcuffing employers?

Posted in Employment Issues, Health Care Reform

We have a new Sixth Circuit decision regarding “vested” retiree health care benefits that is likely to be of concern to many employers, United Steel, Paper and Forestry, Rubber, Manufacturing Energy, Allied Industrial And Service Workers International Union, AFL-CIO-CLC v. Kelsey-Hayes Company. You may recall that in the last significant Sixth Circuit decision on this topic, Reese v. CNH America LLC, the Court recognized that health care had changed over the years, and concluded that the employer could unilaterally modify a retiree health plan, provided that the modifications were reasonable.  That decision seemed to put the Sixth Circuit …

NLRB classification of athletes as employees highlights a health care reform land mine

Posted in Employment Issues, Health Care Reform

Employers have always been concerned about the potential for worker reclassification, but health care reform and a recent NLRB decision take this issue to an entirely new level.  “Large” employers who offer coverage will be required to offer coverage to “all” of their “full-time workers,” defined as at least 95% of employees working 30 hours per week. An employer that offers coverage to only 94% of its full-time employees, and has one employee who enrolled on an exchange with a premium credit, will be subject to annualized penalties of $2,000 per full-time employee, less the first 30 employees. This draconian …

Protected health information and health care plan design

Posted in Employment Issues, Health and Welfare Plans

On our sister blog — Employer Law Report — our partner Brian Hall wrote about the likely availability of an Alzheimer’s blood test, and the impact of new genetic testing in the context of employer sponsored group health care plans and wellness programs. Brian spoke of the “imaginary line” that separates protected health information from human resources decision-makers, supervisors and managers, and mentioned a plethora of employee protections, including HIPAA, GINA, ADA, and ERISA Section 510. The Patient Protection and Affordable Care Act also added another set of employee protections. Each of these laws sets forth different standards for burden …

Join Us for Our Upcoming Webinar: Are You Ready for the New OFCCP Regulations?

Posted in Employment Issues

Register now for one or more webinars in our OFCCP series!

If you are a federal contractor or subcontractor, you will want to be sure your team is ready to handle its expanded affirmative opportunity requirements. Consider participating in Porter Wright’s upcoming OFCCP regulation webinars, or passing this invitation along to the person responsible for compliance.

Are You Ready for the New OFCCP Regulations?
Wednesday, January 15, 2014
2:15 p.m. EST

The most sweeping changes in federal affirmative action regulations in many years take effect in March 2014. The new regulations expand the affirmative action requirements for covered veterans and …

‘Tis the Season For Holiday Workplace Issues – Download our Holiday eBook for Employers

Posted in Employment Issues

Last week, on our sister blog the Employer Law Report, we ran a five-part series that addressed the Top 5 Holiday Headaches for Employers. We have taken the series, along with a special “stocking stuffer” that tackles three prickly FMLA holiday questions, and wrapped them up for you into an eBook. For your reference, the topics included in the eBook are:

  1. Three FMLA Stocking Stuffers: How to Avoid a Big Lump of Coal
  2. Avoiding Holiday Party Liability When the Office Santa Tries to Teach His Employees a Few “Reindeer Games”
  3. Being Inclusive Without Being A Grinch
  4. “Holiday Attire” Does

The New Year Brings New Notice Requirements for Employers in California

Posted in Employment Issues

I wanted to share a recent blog posted on our sister blog – Employer Law Report– that may be of interest to readers of this blog with multi-state operations. As Leigh Anne Benedic details in her blog, several states and local governments have recently considered or enacted “wage theft” legislation to include the criminal and increased civil penalties and fines for employers who underpay their workers. California’s provisions are similar to the provisions that took effect in New York earlier this year. The inclusion of notice requirements in California and New York create additional consequences for the unwary …