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News, trends and analysis in employment law, HR, safety & workers' comp

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Feb 14 2011
Uncategorized

Employee fired for violating call-in policy, not FMLA retaliation

The employers clearly written call-in policy, combined with its documentation showing that the employee had received the policy and understood its application, helped win this case. To review what it may take to successfully defend and enforce violations of your call-in policy, call your Vigilant staff representative. Also, consider using our Model Form, Call-In Report…

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Feb 09 2011
Uncategorized

Safety: OSHA pulls an about-face on two key issues

In a move that federal OSHA is calling small business friendly, the agency recently reversed its position on two issues that caught the eye of the entire business community. First, OSHA proposed interpretation that would have allowed it to enforce engineering controls ahead of hearing conservation programs. Since it was addressed in an interpretation, formal…

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Feb 07 2011
Employee Benefits

Health care reform: Here to stay? Courts may disagree

HR 2, titled “Repealing the Job-Killing Health Care Law Act” and many other proposed bills. But regardless of the volume of legislative activity devoted to opposing health care reform, most experts agree that if our legislators have anything to say about it, health care reform is here to stay. The Democratic-controlled Senate is unlikely to…

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Feb 04 2011
Uncategorized

Employees who quit after notice of layoff entitled to WARN Act notice

In a decision that contradicts a common interpretation of the federal Worker Adjustment and Retraining Notification (WARN) Act, the Ninth Circuit U.S. Court of Appeals recently ruled that employees who quit in response to an announcement of a plant closure are entitled to notice under the Act. Under the WARN Act, covered employers have an…

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Feb 03 2011
Uncategorized

DOT green lights electronic records and signatures

As of January 4, 2011, Department of Transportation (DOT)-covered motor carriers may use electronic signatures and electronic records storage in complying with DOT regulations, according to recent regulatory guidance (

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Jan 26 2011
Uncategorized

Supreme Court says firing of fiancé unlawful

We all know its illegal to retaliate against an employee for filing a discrimination claim under Title VII of the Civil Rights Act. But what if the company doesnt do anything to the employee and instead fires her fianc? The U.S. Supreme Court has ruled such an action is illegal, because it might well discourage…

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Jan 19 2011
Uncategorized

Tax bill extends employer-provided tuition assistance

Does your company offer employees tax-favored educational benefits? If so, then the tax relief package signed by the President in December contains good news for you. The Tax Relief, Unemployment Insurance Reauthorization, and Job Creation Act of 2010 (

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Jan 14 2011
Uncategorized

HIRE Act: No more Social Security holiday, but look for tax credit

HIRE Acts Social Security tax holiday expired. Theres still one more tax benefit to be gained, though, if you hired workers who qualified under the HIRE Act. You can get a tax credit if you keep them employed for at least 52 consecutive weeks, and their wages during the last 26 weeks of employment are…

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Jan 12 2011
Uncategorized

Did you know your employees are getting a raise in January?

HR 4853, PL 111-312)). Currently, both employers and employees pay 6.2 percent of an employees gross wage to Social Security taxes, but the Tax Relief Act of 2010 reduced the employees portion to 4.2 percent for one year, beginning in January 2011. The employers contribution portion will remain 6.2 percent. Employers must begin the reduced…

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Jan 07 2011
Employee Benefits

IRS issues new guidance on FSA and HRA debit cards

IRS Notice 2011-5).The new guidance modifies previous IRS guidance and allows FSA and HRA debit cards to be used to purchase OTC medicines or drugs at non-health care merchants that have pharmacies, and at mail order and web-based vendors that sell prescription drugs, as long as certain conditions are met. Debit cards may also be…

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Jan 07 2011
Employee Benefits

Automatic enrollment requirement delayed pending further guidance

The U.S. Department of Labor (DOL) recently promised to issue guidance about automatic enrollment in employer-sponsored health plans—sometime in the next three years. Automatic enrollment is a mandate imposed by last year’s health care reform law, the Patient Protection and Affordable Care Act (PPACA). The mandate will apply to employers of 200 or more employees…

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Jan 05 2011
Uncategorized

Rule updated on defense contractors’ mandatory arbitration agreements

An interim rule prohibiting certain defense contractors from requiring employees or independent contractors to use arbitration agreements has been finalized. One commenter urged the Department of Defense (DoD) to require prime contractors only to certify compliance by their covered first-tier subcontractors. Unfortunately, the DoD refused, and decided that the obligation to certify compliance by subcontractors…

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