‘Honest Suspicion’ of FMLA Abuse Justifies Firing, Courts Rule
A multibillion-dollar corporation that hired a private investigator to combat excessive employee absenteeism and suspected FMLA abuse withstood an interference and retaliation claim by a fired factory worker in a case brought before the 7th U.S. Circuit Court of Appeals….
Small Employer Plans More Likely to Change Course in Response to Health Reform
In response to health reform, some employers may stop offering health coverage and opt instead to pay a fine, give workers a raise and send them to state-run health insurance exchanges. Compensating for that , the individual mandate may drive…
Appeals Court Upholds Award for Teacher with Seasonal Affective Disorder
A school district failed to accommodate a teacher with seasonal affective disorder, the 7th U.S. Circuit Court of Appeals has determined, upholding a jury’s award of damages. The 7th Circuit had already heard the case, Ekstrand v. School District of…
Plan Sponsors’ Loyalty to Service Providers Increases, Study Shows
In spite of significant changes now in progress for the fee disclosures required from retirement fund service providers, a study of plan sponsors’ loyalty to these vendors shows increased satisfaction with them. The survey’s results may indicate that new fee…
Transit Parity Back on the Slate in Congress
Lawmakers on Capitol Hill have put transit parity — that is, the equalization of mass transit and qualified parking benefits under tax Code Section 132 — back in play, after watching it fail earlier in the session. The legislation would…
NAIC Delays Vote on Model Law Raising Stop-loss Attachment Points
A proposal to raise specific attachment points in a stop-loss model act to a level that proponents of self-funding say would restrict smaller firms’ ability to self-insure health benefits was delayed after an Aug. 11 debate hosted by the National…
Court Reverses Award of Deceased’s Pension to Stepchildren
By Jane Meacham An appellate court sided with a plan administrator’s decision that a deceased plan participant’s stepsons are not entitled to his pension benefits, a ruling that may set the direction for similar plan interpretations under ERISA law. In the…
Courts, Agencies Take Mixed Actions Affecting Same-sex Partners
Branches of the federal government have taken divergent actions affecting same-sex partners. A federal district court upheld a state law defining marriage as occurring between a man and a woman; meanwhile, the U.S. Office of Personnel Management has issued final…
Retailers and Hospitality Employers Face Steeper Reform Cost Increases
Health reform’s requirement that employers insure work forces will hit the retail and hospitality industries harder than others, because they are staffed with more low-wage and part-time workers, consulting firm Mercer LLC reported on Aug. 8. Forty-six percent of surveyed…
6th Cir. Allows Bus Driver Trainee’s ADA Suit to Continue
To bring a discrimination claim, a trainee with a disability needs only show that she was qualified to participate in the job training; she doesn’t need to prove that she was qualified for prospective job, the 6th U.S. Circuit Court…