HR Newsletter: 1/27/2021
With Employee Benefits & HR topics regularly in the news, it’s difficult to stay up to date. Our weekly newsletter will help you stay current. Check out this week's edition.
Read MoreThe Intersection of Workers’ Compensation and OSHA: Look Both Ways Before Crossing
In many ways, workers’ compensation (WC) and the OSHA are very different. WC is a statutory compensation scheme designed to limit an employer’s liability in exchange for more expedient payment of medical expenses, wage replacement, and death benefits. Most of these individual state-based compensation acts were in place long before OSHA. OSHA compliance and related …
DOL Announces Statement of Temporary Non-Enforcement Following AHP Ruling
The U.S. Department of Labor (Department) has released a policy statement and a Questions and Answers – Part Two (FAQ) (PDF) in reaction to the district court for the District of Columbia’s ruling in State of New York v. U.S. DOL of Labor, which vacated a key part of the Department’s final regulations expanding the …
What Are Employee Weingarten Rights And Are There Limits?
There are many legal nuances companies must deal with on the employee relations front in union versus non-union environments. For example, employees in a unionized workforce have the right to have, upon request, a union representative present with them during any investigative interview that may lead to discipline of that employee – commonly referred to …
Seven things employers should know about EBSA investigations
The Employee Benefits Security Administration (EBSA) of the Department of Labor (DOL) oversees nearly 681,000 retirement plans, approximately 2.3 million health plans, and a similar number of other welfare benefit plans, such as those providing life or disability insurance.[1] As part of its assigned duties under the Employee Retirement Income Security Act of 1974, as …
Supreme Court Likely To Resolve LGBTQ Title VII Coverage
The United States Supreme Court has indicated that it will finally settle the circuit-splitting issue of whether gay and transgender status falls under the protection of Title VII. The court signaled this when it agreed recently to hear three cases that have been appealed to the high court. The three cases are: Altitude Express v. …
District Court Finds Undocumented Immigrant Status Insufficient Basis to Rescind Coverage on Material Misrepresentation Grounds
A federal trial court has ordered a self-insured health plan to pay more than $760,000 in benefits to a hospital that provided care to a plan participant before his death. During treatment for a severe illness, it was discovered that the participant was an undocumented immigrant and had enrolled in the plan using a false …
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