Because neither an employer nor an employee can continue to contribute to the company's qualified retirement plans on behalf of a person who is not an active employee, a disabling injury can mean a much smaller pension at retirement. What can be done to guard against such a scenario?
A federal appeals court ruling in the case of Seman v. FMC Corporation Retirement Plan provides two big lessons, among them: Always follow all of a plan’s claims procedures.
The U.S. Supreme Court has unanimously ruled that ERISA disability-benefit plans don’t have to apply the "treating physician rule" when deciding claims.
As more employers begin using fingerprinting technologies to screen job applicants and improve their overall security, civil libertarians are warning there aren’t enough legal protections against abuse.
A recent ruling by the New Jersey Supreme Court serves as a reminder to employers everywhere that it's not enough to simply adopt a policy against sexual harassment.
As workplaces become more diverse, employers and employees alike are learning how to accommodate Islamic workers’ observance of Ramadan, their religion's lunar calendar month of fasting.
The terrorism of September 11 led Congress and President Bush to adopt the U.S. Patriot Act. It is extremely long, sometimes unclear, and largely untested in federal courts for possible constitutional violations. Therefore, employers must approach the Patriot Act with care and caution.
Does your employment application ask illegal questions? Some questions on application forms have been found to be discriminatory by federal and state courts and administrative-law tribunals. The same holds true for certain questions asked of applicants during interviews.
The new "whistleblower" protections in the Sarbanes-Oxley Act - the law Congress passed to fight corporate corruption - are cumbersome and anemic, employment lawyers tell the Wall Street Journal. It means workers who report allegations of fraud should still expect the companies to fight back fiercely.
Regardless of your organization’s size, you should review your organization’s potential liabilities under the Americans With Disabilities Act and investigate ways to keep ADA compliance on the right track. One possible tool is a database.
