Medicare Part D – Creditable Coverage Disclosure to CMS

On January 4, the Centers for Medicare & Medicaid Services (CMS) issued long-awaited guidance on the obligation for entities to inform CMS of whether prescription drug coverage is creditable for purposes of... Read more »

Retaliation Claims: An Increasing Problem for Employers

With increasing frequency, employers are facing claims of retaliation. According to the Equal Employment Opportunity Commission (EEOC), the number of retaliation claims filed with that agency has doubled over a 10-year period, and now represent... Read more »

Big Brother? – “Can I Be Fired For What I Do On My Own Time?”

“Off-the-clock” conduct is increasingly resulting in costs to employers. Additionally, off-duty conduct that has long added to cost for employers (such as smoking or other unhealthy conduct) is now being identified and... Read more »

Criminal History Checks and The Fair Credit Reporting Act

Many employers are required by law to perform criminal history checks prior to making permanent offers of employment to certain types of employees. Other employers conduct pre-offer criminal history checks on applicants for certain jobs.... Read more »

Avoiding Pitfalls In Job Interviews

Employers can be sued in connection with decisions not to hire a prospective employee or not to promote an existing employee based on conduct that occurs in a job interview. The good news for... Read more »

Employee Benefit Plan Sponsors Impacted By Recent Hurricanes

In recent months, the Internal Revenue Service (“IRS”), Department of Labor (“DOL”), and Pension Benefit Guaranty Corporation (“PBGC”) have provided relief for individuals and employers impacted by recent hurricanes ... Read more »

FLSA Employers Must Pay From Beginning to End

Walking is actually an Olympic sport. Sadly, it produces virtually no income for participants. However, thanks to the U.S. Supreme Court, walking recently became more lucrative. Earlier this month, the High Court held that the... Read more »

Time’s Up – When Is 12 Weeks of Leave Not Enough?

The length of an employee’s medical leave of absence can include considerations under the Family and Medical Leave Act and the Americans With Disabilities Act and state equivalent laws, if any. Although both federal laws... Read more »

Employee Identity Theft Becomes a Growing Concern for Employers

A few years ago, identity theft was an occasional topic of conversation in the national press as a relatively rare criminal activity largely left to the attention of state and local law... Read more »

Employers’ Obligations in the Event of an Emergency

The aftermath of Hurricanes Katrina and Rita serves as a graphic reminder for businesses that they need to revisit their emergency preparedness plans and consider how they might respond in the event of an... Read more »