Wednesday, February 25, 2015

Heads up: The feds are cracking down on 401(k) hardship withdrawals

By Jared Bilski


Here’s another reason why employers should limit (or even eliminate altogether) workers’ opportunities for 401(k) hardship withdrawals.  

Both the DOL and the IRS appear to be ramping up their enforcement of noncompliant hardship withdrawals.

That’s because the feds are worried about leakage in retirement plans – i.e., withdrawals made before retirement that permanently depletes savings. Hardship withdrawals are a big part of the leakage problem.

Because of their concern, the feds’ are checking to make sure that employers are following the very specific criteria for these withdrawals.

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Tuesday, February 24, 2015

Tip Tuesday! Breaking down IRS’ final Obamacare reporting forms

By Jared Bilski



The wait is over. Employers now have access to the final versions of the forms they’ll file to show they’re in compliance with the ACA “Shared-Responsibility” mandate. And the sooner they start making sense of these forms, the better.

The IRS just released the final forms, which include Form 1095-B, Form 1095-C, and Form 1094-B and Form 1094-C, which will be used in 2016 for the 2015 filing year. (Note: Firms aren’t required to file for tax year 2014, but may do so if they wish.)

The agency also released guidance titled “Affordable Care Act: Reporting Requirement for Applicable Large Employers,” which covers preparations for monthly tracking and filing help for 2016.

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Friday, February 20, 2015

Yikes: Horrific discrimination claims cost company $15M

By Christian Schappel



What’s scarier, these discrimination claims or the number of zeros in the award? 
California-based trucking outfit Matheson Trucking and Matheson Flight Extenders Inc. is paying dearly for racial discrimination claims levied against the company by seven former employees.
A lawsuit filed by the men — six of whom are black — claims Matheson let some pretty horrific stuff go on in its warehouse, according to a report by The Denver Post.
Some of the lawsuit’s claims, according to The Post:
  • White workers called black workers “lazy stupid Africans.”
  • White employees and black employees worked on separate sides of the warehouse.
  • White supervisors and workers often used the N-word around black workers.
  • In one instance, a white worker yelled that all blacks should be shot (and that worker was later promoted).
  • Calling a white worker, the seventh plaintiff, who stood up for his black co-workers, “the tribe’s assistant.”
  • That same white worker was fired after he challenged the company’s racist practices.
  • Black workers were passed over for desirable, double-pay holiday shifts, which were given to white workers with less seniority.
Click here for entire article.

Thursday, February 19, 2015

Here’s what the resume of tomorrow looks like

By Christian Schappel



Paper, once the only medium for a resume, is going the way of the dinosaur. What’s stepping up to take its place? A hint: It’s more than just LinkedIn and other career websites.

Piles of the latest studies on resume creation, distribution and HR consumption were analyzed by the business coaching and occupational psychology firm Davitt Corporate Partners, and what it found may surprise you.

Click here for entire article.

Wednesday, February 18, 2015

FMLA dilemma: Doctor says one thing but writes another

By Jared Bilski


HR pros often have to rely on physicians’ details to make difficult FMLA administration decisions. But what happens when a physician offers contradictory information?

That question was at the center of Kossowski v. City of Naples. In this case, Kossowski went to see a doctor after having “respiratory problems.” During the visit, Kossowski was diagnosed with bronchitis and prescribed a Z-Pak and some cough syrup.

Following the appointment, Kossowski called in sick and requested FMLA leave. At this point, the company followed standard procedure and asked Kossowski to fill out a certification about his serious health condition.

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Friday, February 13, 2015

What workers want from wellness plans may get firms in legal trouble

By Jared Bilski


There’s good news and there’s bad news regarding wellness programs. The good news: Workers do seem to have a keen interest in wellness. The bad: What they want may put employers in the feds’ cross hairs.

These are some of the key findings from a recent study by HealthMine.
The study found that three-quarters of employees would engage more fully in a wellness plan that included incentive levels and rewards for achieving goals such as maintaining ideal weight, sticking to a drug regimen that addresses chronic diseases and not smoking.

Key measurements

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Thursday, February 12, 2015

Employee didn’t report work hours: Still, his OT lawsuit stands

By Christian Schappel


This employer knew this guy worked overtime and wasn’t paid for it. But it said not getting paid was the worker’s fault. Is that a defense that can stand up in court? 
No — it isn’t.

Bottom line: If an employer knew — or reasonably should’ve known — an employee worked overtime that he/she wasn’t paid for, your company’s on the hook for that overtime bill … period.

Everything else — policy and/or timekeeping violations, instructions not to report or work overtime hours, etc. — is just window dressing.

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