Day: January 30, 2014

Compensation Litigation: Low-Hanging Fruit for Plaintiffs’ Attorneys

By Stephen Bruce, PhD, PHR Jan 30, 2014 HR Management & Compliance

Updated: Feb 21, 2014

Wage/hour litigation is heating up, partly because attorneys have figured out that even for small cases, in which the client-employee may get $1,000, the attorney can collect $15,000 in attorneys’ fees, says Attorney Deanna Brinkerhoff. Fair Labor Standards Act (FLSA) litigation is heating up, and partly for that reason—it’s low-hanging fruit for plaintiffs’ attorneys. Brinkerhoff, […]

Vegas Trip with Terminally Ill Mother Excuses Absence, Per FMLA

By Daniel Cafaro Jan 30, 2014 HR Management & Compliance

Updated: Jan 30, 2014

Absences to care for a family member with a serious health condition do not need to be connected to medical treatment — nor do they depend on a particular location — to qualify as leave under the Family and Medical Leave Act, the 7th U.S. Circuit Court of Appeals affirmed in Ballard v. Chicago Park […]

Train Employees to Protect Themselves from Identity Theft

By Heather Hunt Jan 30, 2014 HR Management & Compliance

Updated: Jan 30, 2014

Here is an effective Q&A presentation on the basics of identity theft and how employees can protect themselves. What Is Identity Theft? Identity theft is the use of personal information, such as your name, credit card number, Social Security number, without your permission, to commit fraud or other crimes. How Can Thieves Access Information? There […]

TPA Faces ERISA Benefits Denial Claim for Improperly Raising COBRA Premium

By Gwen Cofield, Contributing Editor Jan 30, 2014 Benefits and Compensation

Updated: Jan 30, 2014

A third-party administrator that poorly communicated a COBRA premium rate increase ­— which in any case was likely prohibited under COBRA’s rules — is being sued for ERISA benefits denial and state-law promissory estoppel claims. The TPA instituted the premium change but did not provide clear written notice of it as required under plan terms. […]