Category Archives: Uncategorized

DOL Rescinds ERISA Guidance Discouraging Sustainable Investments

The U.S. Department of Labor on Oct. 21 reversed 2008 guidance that discouraged retirement plan fiduciaries and their investment advisers from considering environmental, social and governance (ESG) factors when choosing companies for their portfolios. The reversal, made through a new…

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QLACs could increase younger workers’ retirement readiness, EBRI

Qualifying longevity annuity contracts in 401(k) plans could significantly increase the retirement readiness of younger workers with longer life expectancies, the Employee Benefit Research Institute reported recently. Modeling two scenarios involving the recently approved QLACs, EBRI found that, while the…

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Oil Company Settles EEOC Retaliation Suit for Firing Only Female Roustabout

A Texas oil field construction and services company will pay $30,000 to settle an EEOC retaliation lawsuit after the company fired its only female roustabout, Elma Garza, after she reported being sexually harassed on the job. Garza was hired by…

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ESPP Loans Can Make 401(k) Plan Loans Less Attractive

Employee Stock Purchase Plans can reduce 401(k) plan loans, a prominent money management firm says. Fidelity Investments found that employees are less likely to take out a loan from their 401(k) account if their company also features an employee stock…

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Cafeteria Plans Can Help Employers Avoid Pay-or-Play Penalties

Employer contributions to a Section 125 cafeteria plan can be deducted from the employee’s cost of a health plan for purposes of determining the affordability of coverage, final IRS rules on minimum essential coverage published on Nov. 26 (79 Fed….

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Will Annuities Make Their Way Into Defined Contribution Plans?

Defined contribution plans do not typically include an option that provides a lifetime stream of income for participants, as pension participants and beneficiaries could rely on in years past. With the switch to DC plans from traditional defined benefit plans,…

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Employers Must Treat Pregnant Workers Mindfully to Avoid Compliance Challenges

Proper treatment of pregnant workers is in the headlines as a result of recent guidance from the U.S. Equal Employment Opportunity Commission on pregnancy accommodations and a high profile U.S. Supreme Court case involving a UPS worker. More than ever…

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DOL: Cafeteria Plans and Cash Alone Fail ACA Employer Mandate

Employers cannot simply give employees extra money to buy individual health insurance — whether through health reimbursement arrangements, health flexible spending arrangements or just plain cash — and expect to avoid “shared responsibility” penalties, the IRS with the U.S. Departments…

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#hrintelchat: HR Experts Analyze Social Media Risks and Rewards

It’s a little meta to talk about social media in a social media venue, but what better way to talk about all the employment law challenges employers face when they’re dealing with such a rapidly evolving medium? Last week we…

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9th Circuit Won’t Call Attention Deficit an ADA Disability

The 9th U.S. Circuit Court of Appeals Oct. 1 declined to rehear a case in which it held that attention deficit hyperactivity disorder is not a disability covered by the Americans with Disabilities Act. Matthew Weaving, a police officer, alleged…

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