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Newsletter Archive for August 2011

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Our weekly newsletter gives you up-to-date content on current topics. Business owners, managers and HR professionals can find guidance on benefits and compensation, compliance issues and employee relations.

You’ll also find legal summaries and ready-to-use model policies and forms.

Categories List Employee Benefits
Health Care Reform
Individual Health
Individual Home & Auto
Regulations

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Is Asking Over-40 Workers About Retirement Plans Age Bias?

On May 30, 2008, the president of a machine parts company invited the company’s bookkeeper and 10 other employees, all of whom were more than 49 years old, to attend a meeting to discuss their future expectations of the company’s retirement options. The bookkeeper alleged that the company president commented to the effect that “when people get older they tend to slow down … but in order to stay employed at [the company], you will need to give 100 percent.” Read More

Aug 22 2011

Workforce Demographics Change

The recession has changed the age profile of the U.S. workforce, especially among the youngest and the oldest workers, according to analyses by private economists and BNA. As millions of youths have lost jobs and school enrollment has steadily increased over the past decade, Americans ages 16 to 24 have declined sharply as a share of the workforce. Simultaneously, the proportion of workers 55 and older has increased with the aging of the baby boom generation and a growing tendency … Read More

Aug 22 2011

Court Finds No Violation In Retiree Health Care Cuts

CUNA Mutual Insurance Society did not violate the Employee Retirement Income Security Act when it amended its retiree health plan to require retirees to pay the full amount of their insurance premiums, the U.S. Court of Appeals for the Seventh Circuit held Aug. 10 (Sullivan v. CUNA Mut. Ins. Soc’y,7th Cir., No. 10-1558, 8/10/11). Read More

Aug 22 2011

What If Worker Can’t Work and Seeks Disability Benefits?

The employee passed out at work due to dehydration, and sustained a concussion. She later was diagnosed as having a post-concussive syndrome that included headaches, dizziness, and vertigo. She was absent from work on medical leave for over two months before returning to work, and had requested and received accommodations for medical restrictions on lifting, bending, and other activities. Months later, supervisors rated her performance as “meets expectations.” Read More

Aug 16 2011

Career Builder Survey Finds Many Workers Face Summertime Burnout

Increasing workloads, sunny weather, and the call of the sea and the sand are taking their toll this summer as nearly 77 percent of surveyed employees said they are sometimes or always burned out at work and 43 percent reported that their stress levels on the job have risen in the past six months, according to survey results on employee productivity released July 28 by CareerBuilder. Read More

Aug 16 2011

Health Plan Enrollment, Medical Costs Expected to Rise by 2014 for U.S. Employers

A June survey of employers showed they expect an additional 2 percent increase in enrollment caused by PPACA’s mandates. Although there was some dissension among survey respondents, 60 percent said they expect some degree of cost increase as a result. Read More

Aug 16 2011

How To Determine Technicians’ Employment Status Under FLSA

In 2007, two technicians began working for one of the satellite company’s subcontractors. A third technician began working for the sub-subcontractor in 2008. The three technicians installed and serviced satellite equipment in Louisiana and other states. Read More

Aug 8 2011

DOL Extends Comment Deadline

The Labor Department will extend until Sept. 21 the deadline for the public to comment on its proposed revision of the advice exemption for persuader agreement reporting requirements, according to a notice in the July 29 Federal Register. The proposed rule would expand the reporting requirements to include situations in which the consultant engages in persuader activities that go beyond the plain meaning of “advice,” even if the consultant has no direct contact with workers (62 BTM 203, 6/28/11). DOL’s … Read More

Aug 8 2011

Unemployment Rate Up in 28 States; 26 States Gain Jobs

Nationwide in June, employers added 18,000 jobs to nonfarm payrolls, while the unemployment rate rose to a six-month high of 9.2 percent, up from 9.1 percent the previous month, the Department of Labor reported earlier. June’s net increase in payroll employment resulted from a gain of 57,000 jobs in the private sector, the fewest since May 2010, partly offset by the loss of 39,000 government jobs, about half in local government, according to seasonally adjusted figures. Read More

Aug 8 2011

Employee Called ‘Stupid,’ ‘Idiot’ Claims Hostile Environment

The employee, who has been subject to depression and general anxiety disorder for most of his life, made co-workers aware of his mental disabilities. A co-worker was promoted to supervisor in 2005 and promoted the employee to mechanic II. The employee received a favorable performance review for that year. Read More

Aug 1 2011

Support Expressed for Bill To Stop 401(k) Plan ‘Leakage’

Many Americans are impairing their retirement security by prematurely withdrawing money from their 401(k) accounts, two pension professionals said during a Senate briefing July 15. Read More

Aug 1 2011
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