Day: February 28, 2012

At-Will Employment: Employer’s Dream or Toothless Tiger?

The old saying goes that the devil is in the details. When considering the doctrine of at-will employment, it may be more correct to say the answers are in the details. But, that doesn’t mean some of those details aren’t a bit devilish to decipher. HR professionals often struggle with termination decisions. The decision is […]

DOL Proposal Helping Home Companions Would Hurt Seniors, Business, Franchisees Claim

The Labor Department underestimated the cost of its proposal extending minimum wage and overtime protections to in-home caregivers underestimates, according to an industry group representing  in-home care franchise owners.  If the proposal is implemented as planned,  the study concludes, both the quality of care provided to seniors and the financial health of the in-home care […]

What to Expect When Health Plans Have to Cover the ‘Essentials’

Health reform has been strongly urging plans to cover the essential health benefits (EHB) package, and that means there will have to be coverage in 10 categories of health benefits. The Centers for Medicare and Medicaid Services (CMS) gave examples of what to expect under the state-based approach to defining EHB by giving examples and […]

OFCCP: Detailed Compensation Analysis in Virtually Every Audit

OFCCP’s audits are getting tougher, says attorney Susan Fahey Desmond, including more in-depth evaluations, more focus on proactive steps to reach goals, and detailed compensation audits in virtually every recent audit. Remember, says Desmond, who is a partner in the New Orleans office of national employment law firm Jackson Lewis, OFCCP (Office of Federal Contract […]

Individual Mandate Repeal May Result in Millions Fewer Insured but No Major Premium Hike, RAND finds

Repealing the individual mandate would result in 12 million fewer adults with health insurance in 2014, but would bump up premiums for coverage only by 2.4 percent, researchers at the RAND Corporation say. No Death Spiral … Health insurance premiums would only be 2.4 percent higher than they would be with an individual mandate and […]

SCOTUS to Review Affirmative Action, OFCCP Wants Disability ‘Goals

Supreme Court Review While the case the Supreme Court will hear involves public colleges and universities, the ruling could eventually impact other courts’ decisions on affirmative action programs outside of higher education, notes BLR Legal Editor Susan Schoenfeld. In 2003, the Supreme Court ruled in Grutter v. Bollinger that public colleges and universities could not […]

IRS to Hold Public Hearings on Governmental Plan Updates

The IRS and the Department of Treasury is still seeking public input on future standards to determine whether a retirement plan is a governmental plan under Code Section 414(d). According to the IRS, more guidance is needed for Section 414(d), as the statutory rules for governmental plans differ from those for nongovernmental plans. Further, changes […]