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

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Dec 03 2010
Employee Benefits

Fourth set of FAQs offers guidance on health care reform

fourth set of FAQs clarifies that this notice need not be included on the explanation of benefits (EOB) documents issued by the plan in response to a claim for benefits, but that it should be included in any plan summaries, such as the summary plan description (SPD) or similar documents. No further guidance is available…

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Dec 02 2010
Affirmative ActionHiring

DOL releases toolkit for hiring veterans

An online toolkit for employers who want to hire military veterans is now available on the U.S. Department of Labor (DOL)’s website. The toolkit includes information on everything from tax incentives to orientation advice to retention strategies. It also provides links to numerous other resources to help with your recruiting efforts.   If you are…

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Nov 22 2010
Labor Relations

NLRB challenges termination after Facebook post

announced that its regional office in Hartford, Connecticut, is challenging the termination of an employee who posted negative comments about her supervisor on her personal Facebook page. The employee worked for American Medical Response and was required to complete an incident report after a customer complaint. This triggered two potential issues under the National Labor…

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Nov 19 2010
Employee Benefits

Grandfathered status rules eased slightly

Regulators at the Departments of the Treasury (IRS), Labor (DOL) and Health and Human Services (HHS) recently issued an amendment to earlier guidance on grandfathered health plans, permitting plans to change insurers without losing grandfathered status (Health Care Reform Blog, or contact

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Nov 17 2010
Uncategorized

Union successorship clause must be honored by seller

These types of successorship clauses are a common union demand and if you agree to one, you should be prepared to take it seriously in the event you ever decide to sell your business. A recent court case shows that the union and the courts will take the clause seriously and force you to comply…

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Nov 12 2010
WashingtonWorkers’ Comp

WASHINGTON: I-1082 rejected at the ballot box

Initiative 1082, which would have allowed employers to obtain workers’ compensation insurance from private insurance carriers instead of purchasing exclusively through the state. Vigilant supported the passage of Initiative 1082 because we believed competition was best for employers and employees alike, and that the eventual outcome would be better service and pricing from carriers. Now…

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Nov 10 2010
CaliforniaWorkers’ Comp

CALIFORNIA:  Workers’ comp settlements must be approved by WCAB

5001 and 5002) actually requires the approval of the WCAB or a referee before the parties can compromise or release a claimant’s workers’ compensation claim (Steller v. Sears, Roebuck and Co., Cal App 4th, Oct. 2010). Thus, the portion of the settlement agreement that related to the workers’ compensation claim needed to be reviewed by…

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Nov 08 2010
Uncategorized

NLRB and unions are modernizing enforcement techniques

announced that when it orders back pay for wrongfully terminated employees under the National Labor Relations Act, interest will be compounded daily. (The Boards longstanding practice was to calculate simple interest.) The longer a case drags on, the faster the potential liability builds. The announcement also stated that when the NLRB requires an employer…

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Nov 05 2010
Wage and Hour

Time to “fall back” on November 7

Remember to set your clocks back one hour when Daylight Saving Time ends Sunday, November 7, 2010, at 2 a.m. If you’re not working during the time change, enjoy your extra hour of sleep. For employees who normally work eight hours on the night shift, they may work nine hours that day (e.g., from 11…

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Nov 04 2010
Wage and Hour

Court limits application of Lilly Ledbetter Fair Pay Act

In a small victory for employers, the Third Circuit U.S. Court of Appeals recently ruled that the Lilly Ledbetter Fair Pay Act (FPA) applies solely to compensation claims. The FPA allows employees to file a lawsuit against their employers for discrimination in pay, but what’s unique about the law is that it treats the payment…

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Nov 01 2010
Employee Benefits

IRS offers relief to employers on W-2 health care cost reporting

issued a notice stating that such reporting would be voluntary for the 2011 tax year. Employers should expect that the reporting requirement will be mandatory for the 2012 tax year, but Vigilant will update you as developments occur.

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Oct 28 2010
Uncategorized

Clear disclosures of 401(k) fees to be required

Employees with defined-contribution pension plans such as 401(k)s are entitled to significant new disclosures of the fees and expenses charged to their accounts, under a new federal regulation. The following disclosures are required before an employee can first direct an investment, and then annually thereafter: . This includes how the plan works, any…

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