We recognize that many of our clients sponsor ERISA welfare benefit plans and are currently undergoing their open enrollment process and issuing related participant communications. To assist our clients with that process, we have prepared an Automatic Participant Disclosures Checklist for use during open enrollment and throughout the plan year. If you have questions regarding the information in this checklist, please contact any of the attorneys in our Employee Benefits Practice Group. Download Document
On August 31, 2018, President Trump signed an executive order authorizing the U.S. Department of Labor (DOL) and the U.S. Department of the Treasury to evaluate expanding access to 401(k) retirement plans. The order is designed to cut some of the administrative burdens and costs that prevent smaller employers from offering 401(k) plans to their employees. The Trump administration noted that in 2017, roughly 89 percent of larger employers offered retirement plans compared to only…
Bass, Berry & Sims invites you to a complimentary seminar focusing on trending areas of labor & employment law. Topics will include: FMLA/ADA Considerations for Leaves of Absence: A practical, scenario-based discussion regarding extended leaves of absence and how they are regulated by application of the FMLA and the ADA, including a detailed discussion of the EEOC’s position with respect to extended leave as a reasonable accommodation. Preventing and Addressing Workplace Violence: A comprehensive discussion of workplace violence,…
The recent Sixth Circuit opinion in Hostettler v. The College of Wooster, No. 17-3406 (6th Cir. July 17, 2018), is a cautionary tale for employers faced with a full-time employee seeking a modified work schedule as an accommodation for a disability under the Americans with Disabilities Act (ADA). An HR Generalist for the College, Hostettler was unable to return to work full time after the conclusion of her 12 weeks of maternity leave because of…
In an article published in the Nashville Business Journal’s Largest Employers special report on July 6, 2018, Tim Garrett provided a column highlighting three important questions for employers to ask as they strive to reduce harassment in the workplace and cultivate a healthy workplace environment. The effectiveness of an anti-harassment policy often comes down to employee perception of how the policy is enforced, trained and embraced by leadership, so it is important that employers are…
Bass, Berry & Sims attorney Bob Horton authored an article for Modern Restaurant Management magazine outlining the Supreme Court’s recent decision impacting the future of class action waivers in arbitration agreements. In May 2018 the Supreme Court issued a decision in three consolidate cases NLRB v. Murphy Oil USA Inc., Epic Systems Corp. v. Lewis, and Ernst & Young LLP v. Morris ruling that “an employer may require an employee, as a condition of employment, to enter into an…
Bass, Berry & Sims attorney Dustin Carlton discussed the tension that exists between state and federal laws regarding medical marijuana use in the workplace. While marijuana remains a controlled substance under federal law and currently illegal to use, many states have legalized the drug for medical and even recreational use. Many employers are faced with remaining compliant with these opposing laws. Dustin recommends employers review any current zero-tolerance policies in light of new state laws,…
Bass, Berry & Sims attorney Doug Dahl outlined the key considerations, important steps and issues of concern when buying a company that is employee-owned, or at least partially employee-owned, by an Employee Stock Ownership Plan (ESOP), including: The nature of an ESOP: In an ESOP, employees have retirement accounts invested primarily in their employer’s stock, rather than having accounts invested in an array of securities and mutual funds. The trustee of the ESOP – who…
Bass, Berry & Sims and HR Professionals Magazine invite you to join us for a complimentary seminar focused on addressing, reducing and preventing sexual harassment claims in the workplace. Harassment Law Refresher: A high-level review of harassment law. Conducting Effective Internal Investigations: A discussion of best practices for conducting internal investigations into harassment claims. The “Company Culture” Issue – How to Reduce Harassment in the Workplace: Strategies for reducing harassment in the workplace and developing a…