Anyone responsible for the administration of a 401(k) retirement plan probably has a “to-do” list that never ends. For example, as soon as a plan administrator files the Annual Report Form 5500 for the prior year, it is time to
All Things HR
All Things HR, published by Dickinson Wright, focuses on labor and employment law topics relevant to human resources professionals and employers. The blog covers issues such as employer liability for harassment, negligent hiring and training, employee rights and workplace policies, state-specific employment law updates, and regulatory compliance. It addresses practical legal challenges faced by employers, including handling third-party harassment, background checks, non-compete agreements, employee personnel file access, and evolving state legislation affecting employment practices. The content is aimed at helping employers navigate legal risks and implement compliant HR policies across various jurisdictions.
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10 Important Issues For Employers During the 2024 Open Enrollment Season
Open enrollment is rapidly approaching for employers with calendar-year employee benefit plans. Following are ten important issues for employers to consider for the 2024 open enrollment season:
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Is Your HR Department Aware of the Latest EEOC Priorities?
Periodically, the EEOC (Equal Employment Opportunity Commission) lets us know what to watch out for. On September 21, the EEOC released its Strategic Enforcement Plan for years 2024-2028 (“SEP”), which tells us where the federal government is prioritizing its employment…
You Can’t Prevent Them All: How to Protect Your Company from Unpreventable Employee Misconduct
Unfortunately, workplace injuries can occur anytime, even when employers take every possible precaution to prevent them. As most employers have experienced, implementing and enforcing safety rules and policies avoids workplace injuries. But what happens when an employee ignores or intentionally…
A Cautionary Tale for Administrators Who Neglect Employee Benefit Plan Terms
Individuals responsible for 401(k) retirement or welfare plan decisions know that the plan document is the first place to look for guidance when deciding a difficult administration question, such as whether a participant is entitled to a benefit. A recent…
The 6th Circuit Clarifies Retaliation Under the FMLA
On January 25, 2023, the United States Court of Appeals for the Sixth Circuit held that an employee’s notice of need for leave, regardless of whether the employee was ultimately entitled to the leave, was protected conduct under the Family…
Religious Accommodation in a Post-Groff Employment Landscape
As the Supreme Court’s session was concluding, the Supreme Court issued Groff v. DeJoy, Postmaster General, No. 22-174 (June 29, 2023), an opinion that changes the employment landscape as it pertains to religious accommodations for employers and what actually…
Avoiding the Storm of Excessive Fee Litigation: How Fiduciaries of ERISA Health Plans Can Get Ahead of the Weather
For some group health plan fiduciaries, there could be a storm brewing. Changes to the Employee Retirement Income Security Act of 1974 (“ERISA”), buried within the 5,593 pages of the Consolidated Appropriations Act, 2021 (“CAA”), create the possibility for a…
Did You Hear about the New Law Requiring Employers to Provide Reasonable Accommodations to Pregnant Employees?
On Tuesday, June 27, 2023, the Pregnant Workers Fairness Act (PWFA) became law and requires covered employers to provide “reasonable accommodations” to a worker’s known limitations that are related to pregnancy, childbirth, or related medical conditions, unless the accommodation would…
Sixth Circuit Announces Stricter Standard for Sending Notice in FLSA Collective Actions
A recent court opinion from the Sixth Circuit Court of Appeals clarified an important point of law concerning the Fair Labor Standards Act (“FLSA”), specifically what “showing … is necessary for a district court to facilitate notice of an FLSA…