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As life begins to return to some semblance of “normal” (i.e., what it was like before terms like “aerosol droplets,” “fomite,” “herd immunity,” and “PCR tests” were part of our daily lexicon) employers are faced with difficult questions about what a return to “in-person” work looks like. Atop the list is vaccinations, and whether as …
Continue reading “Are Mandatory Vaccinations Included in Back to “Normal”?”
The U.S. Bankruptcy Code (the “Code”) § 11 U.S.C. § 362(a)(1) provides that when a party files for bankruptcy, an automatic stay is triggered. However, it turns out that there are limitations to the type of cases that these automatic stays extends, and in the employment context, this may not necessarily include wage and hour …
Courts across the country have ruled differently regarding what is protected activity by human resources (HR) and equal employment opportunity (EEO) personnel to support a retaliation claim under Title VII. Several courts have held that HR and EEO personnel are not engaged in protected activity if they are simply doing the job they were hired …
Continue reading “PERFORMANCE OF REGULAR JOB DUTIES AS PROTECTED ACTIVITY FOR DISCRIMINATION CLAIMS”
Two weeks before former President Trump left office, the U.S. Department of Labor (DOL) published a final rule establishing an independent contractor status test under the Fair Labor Standards Act (FLSA). The Trump-era rule was scheduled to take effect on March 8, 2021; however, under President Biden, the DOL delayed the rule’s effective date for …
Continue reading “DOL Withdraws Trump-Era Independent Contractor Rule”
Employers who sponsor employee benefits plans are used to providing ongoing communication to plan participants. The communications range from legally required disclosures (e.g., summary plan descriptions) to legally required notices (e.g., COBRA notices) to information voluntarily provided to participants (e.g., the importance of saving for retirement). However, regular internal communication between employer management and employees …
Many employers are weighing the pros and cons of mandating that their employees receive the COVID-19 vaccine as a condition of continued employment. In a non-union environment, mandating the vaccine generally is permissible, so long as the employer allows for exceptions for religious or health reasons. See https://www.eeoc.gov/wysk/what-you-should-know-about-covid-19-and-ada-rehabilitation-act-and-other-eeo-laws at Section K, Vaccinations. This point was …
Continue reading “Mandating COVID-19 Vaccination Among a Union Workforce”
Group life insurance is perhaps the most common of the benefits provided by employers who sponsor employee benefit programs. Many times employees are given the opportunity to purchase supplemental coverage in addition to the employer-provided basic benefit. Administering a group life insurance plan is easy – right? It’s just a matter of enrolling the employee, …
Continue reading “Administration of Group Life Insurance – Not So Easy?”
For many employers, diversity, equity, and inclusion (“DEI”) programs are no longer mere “add-ons” to existing human resources initiatives—they are essential to conducting business in the current climate. The events of summer 2020, including the incidents and protests involving George Floyd, Breonna Taylor, Ahmaud Arbery, Tony McDade, Elijah McClain, Jacob Blake, and others, have refocused …
A qualified retirement plan paying more in distributions than a participant is entitled to occurs frequently. Common reasons for overpayments include miscalculation of benefits due to systemic error, the plan sponsor being unaware of the death of a participant for some time, or the incorrect application of the provision of a plan (e.g., the definition …
Continue reading “Recovering Retirement Plan Overpayments: Process is Key”
With summer approaching and vaccination numbers surging, the United States’ population appears more than ready to return to normalcy after over a year of COVID-19 lockdown. However, while citizens and businesses alike clamor for the economy to fully reopen, President Biden has continued to urge the states to exercise caution when lifting COVID-19 restrictions. Weighing …
Continue reading “States Relax COVID-19 Restrictions on Businesses as Summer Approaches”