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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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Aug 26 2010
Uncategorized

Difficulty with nighttime commute requires ADA accommodation

Tips: The Ninth Circuit was very clear that the duty to accommodate a disability extends to commute-related limitations. Be prepared to discuss accommodation options if an employee gives a medical reason for being unable to work your desired schedule. You need not select the employees preferred accommodation as long as you choose one that…

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Aug 23 2010
Uncategorized

OSHA targeting severe violators

CPL 02-00-149). If OSHA or your state safety and health agency issues a citation at your facility, contact your Vigilant safety professional immediately, and pay attention to the deadline for appealing the citation. The notice will warn you if the citation has been designated as a severe violator enforcement case. Each citation is of…

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