TPA Faces ERISA Benefits Denial Claim for Improperly Raising COBRA Premium
A third-party administrator that poorly communicated a COBRA premium rate increase — which in any case was likely prohibited under COBRA’s rules — is being sued for ERISA benefits denial and state-law...
View ArticleFree Coverage for 11 Months Eliminates Need for COBRA Notice Penalties, Court...
Due to an administrative error, an employer clearly did not provide a qualified beneficiary with a COBRA election notice. However, the qualified beneficiary also benefited from that mistake by...
View ArticleFiring of Formerly Drug-addicted Pharmacist Okay Under ADA
Wal-Mart has successfully defended a putative class action alleging that its failure to employ former drug addicts as pharmacists violates the Americans with Disabilities Act. The retailer was able to...
View ArticleThe Trouble with ‘Twibel’: A New Social Media Headache for Employers
You may feel like a twit when it comes to your understanding of Twitter, but it is time to add the word “Twibel” to your company’s vocabulary — and more importantly, to your overall social media...
View ArticleEmployer Faces More Fees as 11th Circuit Affirms $126K COBRA Penalty Award
A federal appeals court not only affirmed a ruling that an employer/plan administrator must pay more than $126,000 in penalties and legal costs for intentionally violating COBRA notice requirements, it...
View ArticleVerbal COBRA Notice Is Sufficient, Says Court in Ruling for Employer
In a decision that overlooked key COBRA guidance, a federal district court ruled that an employer/plan administrator fulfilled its notice obligation by verbally providing a notice of COBRA rights and...
View ArticleCourt Approves $1M Settlement in COBRA Class Action Lawsuit
A federal district court gave preliminary approval to a $1 million settlement agreement that would resolve a class action lawsuit alleging that an employer/plan administrator, in farming out its...
View ArticleGAO Recommends New Destinations for Forced 401(k) Transfers
Distributing abandoned small accounts in the 401(k) plans of participants who have left the company is a necessary evil for plan sponsors, to keep the plan focused on managing larger, active holdings...
View ArticleCourt Signs Off on $1 Million Settlement Resolving COBRA Class Action Case
A federal district court has approved a $1 million settlement agreement that, in the court’s words, “appears to be among the largest, if not the largest, average per person recovery in a certified...
View ArticleExperts Highlight Employment Law Issues for Associations
Associations need to have a special take on legal issues, because they are nonprofit, small employers and they may have to comply with laws in the District of Columbia, which has been a bellwether in...
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