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

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Sep 15 2010
Idaho

IDAHO: Terminating WARNed employees violated act

   

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Sep 13 2010
Uncategorized

Focus on Safety: Adolescent hearing loss on the rise

study published in the Journal of the American Medical Association showed that the rate of hearing loss for children between the ages of 12 and 19 jumped from 14.9 percent in 1994 to 19.5 percent in 2006. Thats a 30 percent increase (August 18, 2010). struck by a train as he came too close…

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Sep 11 2010
Employee Benefits

Key date under health care reform looming

September 23, 2010, a key date under this year’s federal health care reform legislation, is just around the corner. What does this mean for you? It means that your health plan must be in compliance with the following health care reforms, beginning on the first day of your plan’s next plan year: ·Adult child coverage…

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Sep 11 2010
Employee Benefits

New IRS form helps employers calculate health coverage tax credit

The IRS has Form 8941, the form that small businesses and tax exempt organizations will use in claiming the small business health care tax credit for 2010. The small business health care tax credit is one component of this year’s federal health care reform package. It

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Sep 10 2010
Q&A

How do you handle workplace bullying?

A:

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Sep 08 2010
Employee Benefits

Grandfathered status: Digging down on collectively bargained plans

At Vigilant, we have received many questions about how the grandfathered status rules apply to our member employers’ health plans. In previous 1. I have both union and non-union employees participating in a single plan. How do I know if my plan is considered to be “collectively bargained” under the health care reform laws?  There…

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Sep 07 2010
Drug and Alcohol

DOT revises drug test rules, adds Ecstasy to tested substances

75 Fed Reg 49850, Aug 16, 2010). Most importantly for employers, the new rules: Add a new substance, Methylenedioxymethamphetamine (MDMA, commonly known as Ecstasy), to the panel of drugs for which the laboratory must test; Lower the cutoff levels for cocaine (to 150 ng/mL for initial tests and 100 ng/mL for confirmation tests); Lower the…

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Sep 03 2010
Employee Benefits

Employer liable for failing to properly investigate 401(k) fees

An employer who invested its employees’ 401(k) contributions in the retail class of mutual fund shares, which bore a higher expense load than the institutional class of shares, was found guilty of breaching its fiduciary duty to properly investigate the fund classes. The employer tried to defend itself by arguing that it relied on its…

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Sep 02 2010
Washington

WASHINGTON: Unemployment rules amended

Gross misconduct: the rules now provide examples of conduct that will automatically be considered “flagrant and wanton” conduct for purposes of meeting the “gross misconduct” standard under the unemployment rules. Examples include: a medical provider found to be under the influence of illegal narcotics while at work, a health care worker who steals money or…

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Sep 01 2010
Employee Benefits

Health Care Reform: Grandfathered status not an option for most employers

Wondering where other employers stand on the grandfathering issue? A recent   Grandfathered status allows your plan to avoid compliance with some federal health care reform mandates, but the rules on maintaining grandfathered status are very restrictive and will prevent you from making the kinds of plan or premium contribution changes that you need to…

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Aug 31 2010
Employee Benefits

New federal PCIP plan established; contains employer “anti-dumping” rule

75 Fed Reg 45014, July 30, 2010). In order to be eligible for the program, an individual must be a citizen or national of the United States or lawfully present in the United States, must not have been covered under creditable coverage during the six-month period prior to applying for coverage under the PCIP, and…

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Aug 27 2010
California

CALIFORNIA: Same-sex marriage on hold

Same-sex marriages in California won’t be happening anytime soon, as the U.S. Ninth Circuit Court of Appeals is scheduled to hear arguments over California’s Proposition 8 during the week of December 6, 2010. A federal district judge had ruled that Perry v. Schwarzenegger, 9th Cir, August 16, 2010, order).   Tips: 

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If you are a manufacturing or agriculture employer in Washington and committed to keeping your employees safe and working, you may be eligible for Vigilant's workers' compensation Retro or claims management programs. To see if you qualify fill out our release form now, or contact us.

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