Using a vendor for your COBRA compliance does not mean you are safe from claims. The employer bears ultimate responsibility for complying with COBRA. It appears that Pepsico and Lockheed may be about to learn this lesson.  Both were sued recently in Hillsborough County for failure to send proper COBRA election notices after employees terminated employment. In both cases, the COBRA notices at issue appear to be from a third party COBRA administrator. The plaintiffs…

We are pleased to welcome Melanie Leitman to our Labor & Employment Law group. We look forward to Melanie being a part of the continued expansion of our Labor & Employment practice throughout the State. Our Labor and Employment attorneys have established a solid reputation in South and Central Florida for nearly four decades. In 2017, we expanded our Central Florida footprint with the addition of Janet McEnery and Andy McLaughlin to our Tampa office. We…

One of the casualties of the partial government shutdown is the Department of Homeland Security’s E-Verify program. Employers that participate in E-Verify verify the identity and employment eligibility of newly hired employees by electronically matching information provided by employees on the Form I-9 against records available to the Social Security Administration (SSA) and the Department of Homeland Security (DHS). While E-Verify is unavailable, employers will not be able to access their E-Verify accounts to: create an…

The Dave & Buster’s restaurant chain recently settled a class action lawsuit claiming it violated ERISA’s “discrimination” rules by reducing hours of various employees to cause them to lose eligibility for the company’s group health plan. After over three years of litigation in the Southern District of New York and suffering some procedural losses along the way, Dave & Buster’s agreed to settle the matter for $7.425 million.  After attorneys’ fees and costs, we estimate…

“He’s making a list and checking it twice. He’s going to find out who’s naughty or nice… performance evaluations are…” Coming to town? Indeed. The end of year is not only holiday season, but also the time of year when a number of employers complete performance evaluations of their employees. Just like gift giving, the evaluation process is time consuming and for many, about as much fun as a trip to the mall on Black Friday. However, evaluations—if…

Thank you for being a subscriber. We hope that BeLabor the Point has brought you important information throughout the year and a few smiles along the way. Speaking of smiles, check out our department holiday card! Wishing you a joyous holiday season and happy, healthy year ahead.…

With the New Year right around the corner, office holiday parties are in full swing. While many enjoy celebrating the season, these festivities can sometimes turn into an HR disaster. To help ensure your celebrations are jolly, check out my tips on planning a fun, festive and inclusive holiday party here. Wishing you all a safe, happy and healthy holiday season without any HR “Undue Hardships!”…