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
- OSHA
- Employee Benefits
- Human Resource Department
- Employment Discrimination Laws
- ERISA
- Overtime Pay
- Kentucky Civil Rights Act (“KCRA”)
- Fair Labor Standards Act (FLSA)
- Pregnancy Discrimination Act
- Social Media
- Social Media Policies
- U.S. Department of Labor
- Union
- Young v. UPS
- ADA Amendments Act of 2008 (“ADAAA”)
- Department of Labor ("DOL")
- Employee Handbook
- Employee Misconduct
- Family and Medical Leave Act (“FMLA”)
- National Labor Relations Act (NLRA)
- National Labor Relations Board (NLRB)
- Title VII of the 1964 Civil Rights Act
- Adverse Employment Action
- Americans with Disabilities Act
- Civil Rights
- EEOC
- Employment Law
- U.S. Equal Employment Opportunity Commission (“EEOC”)
- Uncategorized
- Volunteer
- Compliance
- copyright
- Intellectual Property
- Work for Hire
- Bring Your Own Device
- BYOD
- Amazon
- Department of Health and Human Services
- Portal-to-Portal Act of 1947
- Security Screening
- U.S. Supreme Court
- Federal contractors
- Security Checks
- 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
- Web Content Accessibility Guidelines
- Whistleblower
- Shazor v. Prof’l Transit Mgmt.
- 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
- Davis-Bacon and Related Acts
- Drug-Free Workplaces
- Job applications
- Kentucky Department of Workers’ Claims
- McNamara O’Hara Service Contract Act
- NFL Bullying Scandal
- Sebelius v. Hobby Lobby Stores
- Senate Bill 157
- Violence
- 2013)
- Berrier v. Bizer
- Consumer Credit Protection Act (“CCPA”)
- Earnings
- Ehling v. Monmouth-Ocean Hospital Service Corp.
- Federal Stored Communications Act (“SCA”)
- Jury duty
- Maternity Leave
- Payroll
- Wage garnishment
- At-will employment
- Chapter 11 Bankruptcy
- Chenzira v. Cincinnati Children’s Hospital Medical Center
- Companionship services
- EEOC v. Fabricut
- EEOC v. The Founders Pavilion
- Government employees
- Government shutdown
- Home Health Care Workers
- KYSHRM 2013
- Mandatory vaccination policies
- Medical Exams
- NADSA Conference
- Private employers
- SHRM
- Small Business Administration (SBA)
- COBRA
- Cozen O’Connor v. Tobits
- Defense of Marriage Act (“DOMA”)
- Giant Food LLC
- Health-Contingent Wellness Programs
- HIPAA
- Obergefell v. Kaish
- Participatory Wellness Programs
- Pennington v. Wagner’s Pharmacy
- Pension Plans
- United States v. Windsor
- Defamation
- Employee of the Month Programs
- Endorsements
- Freedom of Speech
- Madry v. Gibraltar National Corporation
- Megivern v. Glacier Hills Incorporated
- Motivating Factor
- Obesity
- Online Defamation
- Reference checks
- Social Media Ownership
- Supervisor
- Tangible employment actions
- Title VII retaliation cases
- University of Texas Southwestern Medical Center v. Nassar
- Vance v. Ball State University
- Employee Hazards
- Employee Training
- Employer Group Health Plans
- Federal Workplace Agencies
- Online Account Protection
- Sequester
- Troyer v. T.John.E Productions
- Unfair Labor Practice
- Employee Forms
- Employer Mandate
- Employment Practices Liability Insurance
- FICA
- Form I-9
- Gatto v. United Airlines and allied Aviation Services
- Litigation
- Play or Pay
- Record Retention
- severance pay
- Supplemental Unemployment Compensation Benefits
- tax refund
- Telecommuting
- U.S. Citizenship and Immigration Services
- United States v. Quality Stores
- Contraceptive Mandate
- Employee Arrests
- Employee photographs
- House Labor and Industry Committee
- KRS 391.170
- Patient Protection and Affordable Care Act
- posting requirements
- Religious Employer
- Right to Work Bill
- White v. Baptist Memorial Health Care Corp.
- Kentucky’s Whistleblower Act
- Municipal Liability
- Public Sector Liability
- Wilson v. City of Central City
- Job Description
- Job Requirement
- Strategic Enforcement Plan (SEP)
- Crisis Management
- Labor and Pensions ("HELP")
- PhoneDog v. Kravitz
- Social Networking Online Protection Act (SNOP)
- social privacy laws
- Workplace Politics
- Federal Department of Labor
- Kentucky Labor Cabinet
- Criminal Background Checks
- Class Action Waivers
- Employee Performance Reviews
- Employee Personnel Files
- Federal Arbitration Act (FAA)
- Hiring and Firing
- Informal Discussion Letter (“EEOC Letter”)
- Unemployment Benefits
- Workplace Discrimination, Harassment and Retaliation
- Business Insurance
- Hosanna-Tabor Opinion
- Insurance Coverage
- National Labor Relations Act
- Retaliation by Association
- Communications Decency Act
- Employee Contracts
- Internet & Media Law
- Internet Defamation
- Non-Compete Agreement
- Uniformed Services Employment and Reemployment Rights Act
- USERRA
Showing 6 posts in Insurance Coverage.
Notices Required by the Affordable Care Act by October 2013
By October 1, 2013, employers must provide current employees and new hires with notices concerning health insurance and state exchanges created pursuant to the Affordable Care Act (“ACA”). These notices are required by section 18B of the Fair Labor Standards Act (“FLSA”), an amendment created by the ACA. More >
Are You Going to Play or Pay? Part II
On Monday, we discussed how to determine if you are a “large employer” for purposes of the ACA’s employer mandate. Once you know whether the mandate is applicable, the next step is to know what you will be signing up for if you decide to “play.” The mandate requires you to offer “minimum essential health coverage” that is “affordable” to all full-time employees in 2014. Of course, you need to know what these vague terms really mean. Here’s a general description: More >
Are You Going to Play or Pay?
The Affordable Care Act (“ACA”) includes an “Employer Mandate” that every employer should understand. Although the mandate will not take effect until January 2014, now is the time to learn about it. The mandate requires “large employers” to offer health coverage for “full-time employees” (and their dependents) or pay a penalty tax. The system has become known as “play or pay.” While the requirement may appear quite simple, do not be fooled. It requires a complicated analysis and employers will likely need professional advice to decide whether or not they are going to play or pay in the coming year. 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 >
Major Verdicts and Settlements
Lane Report, March 2012 More >
Is your business covered?
While nearly all business owners know that they need to purchase and maintain insurance to cover unexpected loss and liabilities, many discover only too late that the insurance which they purchased does not provide the extent or type of coverage expected. It is vitally important that any business owner fully understand what his/her insurance does and does not cover and the types of insurance needed. What insurance is needed will depend upon factors such as the size of the business, the type of business, the number of employees and the risks involved with operation. As litigation in general increases, particularly in the employment area, the time to ask questions about the scope of one's coverage is not upon service of suit, but rather, at the time insurance is purchased. In most instances a variety of insurance coverage is advisable, and the cost of the insurance is routinely minor compared to what the cost would be to defend a lawsuit through trial. Employment practices liability coverage, for example, is becoming increasingly popular for medium to large employers to protect from suits for harassment, wrongful termination, and the like, and such coverage can prove of vital importance in the event of litigation. More >
