Compliance

A recent circuit court ruling says a careful “Termination Review” process by independent decision makers can weaken or break the causal connection between the alleged racial animus and the ultimate adverse action under the "cat's paw" theory.

The Family and Medical Insurance Leave Act would provide up to 12 weeks of paid leave each year to qualifying workers for the birth or adoption of a child, the serious illness of an immediate family member or a worker’s own medical condition.

Although President Obama signed the Protecting Affordable Coverage for Employees Act this week, many employers the legislation is intended to protect remain in limbo.

Employers can be liable under a cat’s paw theory if an employee is terminated, suspended, etc. because of the discriminatory bias of another employee even if the manager/supervisor who made the disciplinary decision had no idea about the other employee’s bias.

Carving out FSAs, HSAs and HRAs from the Affordable Care Act’s excise tax would be a good compromise, enabling Americans to set aside money for health care while still allowing employers to control costs.

California becomes the first state in the country to mandate 45-day notice for any material changes to agent agreements. The law comes in response to two insurers cutting commission with little notice mid-enrollment season.

Flexible spending accounts have long been a favorite tool among working Americans to help budget for out-of-pocket costs but they could be an unintended casualty of health care reform.

The NLRB’s new standard on the types of organizations it considers joint employers could potentially be applied in other types of business relationships, including franchisor-franchisee, contractor-subcontractor, parent-subsidiary, lessor-lessee and user-supplier.

John Engler, president of Business Roundtable, called on Secretary of Labor Thomas Perez to consider changes to the fiduciary proposal.

Health Republic Insurance of New York, the Affordable Care Act insurer that got $265 million in U.S. loans, will stop selling policies and eventually cease operations under orders from New York and federal regulators.