Contact Us
Subscribe to this blog via RSS
Join us on LinkedInCategories
- Sexual Harassment
- FMLA Retaliation
- overtime rule
- Employer Wellness Programs
- Genetic Information Nondiscrimination Act ("GINA")
- Kentucky minimum wage
- Minimum wage
- Wage and Hour
- Paid Time Off ("PTO")
- Sick Employees
- Employment Non-Discrimination Act ("ENDA")
- Independent Contractors
- Employee Benefits
- Human Resource Department
- OSHA
- Employment Discrimination Laws
- ERISA
- Overtime Pay
- Kentucky Civil Rights Act (“KCRA”)
- Fair Labor Standards Act (FLSA)
- U.S. Department of Labor
- Union
- ADA Amendments Act of 2008 (“ADAAA”)
- Employee Handbook
- Employee Misconduct
- National Labor Relations Act (NLRA)
- National Labor Relations Board (NLRB)
- Pregnancy Discrimination Act
- Social Media
- Social Media Policies
- Title VII of the 1964 Civil Rights Act
- Young v. UPS
- Adverse Employment Action
- Americans with Disabilities Act
- Department of Labor ("DOL")
- Employment Law
- Family and Medical Leave Act (“FMLA”)
- Uncategorized
- Civil Rights
- Compliance
- EEOC
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- Volunteer
- Bring Your Own Device
- BYOD
- copyright
- Intellectual Property
- Work for Hire
- Amazon
- Department of Health and Human Services
- Portal-to-Portal Act of 1947
- Security Screening
- U.S. Supreme Court
- Security Checks
- Federal contractors
- Kentucky Labor Cabinet’s Occupational Safety and Health Program (KOSH)
- Micro-unit
- Specialty Healthcare & Rehabilitation Center of Mobile
- Creech v. Brown
- Lane v. Franks
- EEOC v. Hill Country Farms
- Cloud
- Equal Employment Opportunity Commission v. Kaplan Higher Education Corp.
- Non-exempt employees
- Mine Safety and Health Administration ("MSHA")
- Northwestern
- Shazor v. Prof’l Transit Mgmt.
- Web Content Accessibility Guidelines
- Whistleblower
- WorkSmart Kentucky
- Crystalline Silica
- Illness and Injury Reports
- Kentucky Wage and Hour Act
- Permissible Exposure Level ("PEL")
- "Ban-the-box"
- Bullying
- Citizens United v. Federal Election Commission
- Compensatory time off
- Conestoga Woods Specialties v. Sebelius
- Consumer Credit Protection Act (“CCPA”)
- Davis-Bacon and Related Acts
- Drug-Free Workplaces
- Earnings
- Job applications
- Jury duty
- Kentucky Department of Workers’ Claims
- McNamara O’Hara Service Contract Act
- NFL Bullying Scandal
- Payroll
- Sebelius v. Hobby Lobby Stores
- Senate Bill 157
- Violence
- Wage garnishment
- 2013)
- Berrier v. Bizer
- Chapter 11 Bankruptcy
- Companionship services
- Ehling v. Monmouth-Ocean Hospital Service Corp.
- Federal Stored Communications Act (“SCA”)
- Government employees
- Government shutdown
- Home Health Care Workers
- Maternity Leave
- NADSA Conference
- Private employers
- Small Business Administration (SBA)
- At-will employment
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Giant Food LLC
- KYSHRM 2013
- Mandatory vaccination policies
- Medical Exams
- SHRM
- COBRA
- Defense of Marriage Act (“DOMA”)
- Employee of the Month Programs
- Health-Contingent Wellness Programs
- HIPAA
- Obesity
- Participatory Wellness Programs
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- Reference checks
- United States v. Windsor
- Defamation
- Endorsements
- Freedom of Speech
- Madry v. Gibraltar National Corporation
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Online Defamation
- Social Media Ownership
- Supervisor
- Tangible employment actions
- Title VII retaliation cases
- Troyer v. T.John.E Productions
- University of Texas Southwestern Medical Center v. Nassar
- Vance v. Ball State University
- Employee Hazards
- Employee Training
- Employer Group Health Plans
- Employment Practices Liability Insurance
- Federal Workplace Agencies
- Gatto v. United Airlines and allied Aviation Services
- Litigation
- Online Account Protection
- Sequester
- Unfair Labor Practice
- Contraceptive Mandate
- Employee Forms
- Employee photographs
- Employer Mandate
- FICA
- Form I-9
- House Labor and Industry Committee
- KRS 391.170
- Patient Protection and Affordable Care Act
- Play or Pay
- Record Retention
- Religious Employer
- Right to Work Bill
- severance pay
- Supplemental Unemployment Compensation Benefits
- tax refund
- Telecommuting
- U.S. Citizenship and Immigration Services
- United States v. Quality Stores
- Employee Arrests
- posting requirements
- White v. Baptist Memorial Health Care Corp.
- Kentucky’s Whistleblower Act
- Municipal Liability
- Public Sector Liability
- Wilson v. City of Central City
- Crisis Management
- Job Description
- Job Requirement
- PhoneDog v. Kravitz
- social privacy laws
- Strategic Enforcement Plan (SEP)
- Workplace Politics
- Labor and Pensions ("HELP")
- Social Networking Online Protection Act (SNOP)
- Federal Department of Labor
- Kentucky Labor Cabinet
- Class Action Waivers
- Criminal Background Checks
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Informal Discussion Letter (“EEOC Letter”)
- Workplace Discrimination, Harassment and Retaliation
- Hiring and Firing
- Hosanna-Tabor Opinion
- National Labor Relations Act
- Retaliation by Association
- Unemployment Benefits
- Business Insurance
- Communications Decency Act
- Employee Contracts
- Insurance Coverage
- Internet & Media Law
- Internet Defamation
- Non-Compete Agreement
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
Showing 3 posts in ERISA.
The Obergefell Decision and Employers
The recent United States Supreme Court decision in Obergefell v. Hodges significantly altered the legal landscape with respect to same-sex marriages, finding that the Fourteenth Amendment to the United States Constitution requires all states to both license in-state same-sex marriages and recognize valid same-sex marriages performed out-of-state. The Court did not, however, go so far as to reach issues such as discrimination in employment or public accommodation. So, while legal same-sex marriage is the law of the land, those newly-married couples may face legal uncertainty when it comes to discrimination in public accommodations or their place of employment, unless contravening state law applies. That said, there are still several ways that the Obergefell decision and its counterpart, United States v. Windsor, will affect employers and employees. More >
Association Group Coverage Changes
Trade Associations in Kentucky are being asked to show that they meet ERISA “bona fide association” requirements in order to continue to provide group health insurance for their members under health reform requirements effective in 2014. Such group health insurance may be a more affordable option for some businesses as new health reform requirements begin to take effect. More >
Plan Documents Rule Ineffective to Protect ERISA Administrators Against Claims by Adverse Spouses
By now, it is abundantly clear that administrators of ERISA pension or life-insurance plans are required to pay death benefits to the spousal beneficiary identified in the employee’s plan documents even when the employee has divorced the spouse identified at the time the benefits become payable. The so called “Plan Documents Rule” can have a harsh effect as it applies even when the former spouse has waived all interest in an employee’s ERISA plan during state court divorce proceedings. See McMillan v. Parrott, 913 F.2d 310 (6th Cir. 1990); Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, 555 U.S. 285 (2009). The Supreme Court has rationalized strict interpretation of the Plan Documents Rule, in part, because it establishes a uniform administrative scheme and simplifies the duties incumbent upon a plan administrator in making distributions. More >
