May, 2009

IRS Issues 2010 Dollar Limits for HSAs, HDHPs

The IRS has announced the 2010 limits for health savings accounts (HSA) contributions and high deductible health plan (HDHP) deductibles under Code Section 223. The new limits, contained in Revenue Procedure (Rev.

Appeals Court Forbids FMLA Leave for Outpatient Procedure

An outpatient procedure with a follow-up appointment is not a "serious health condition" for purposes of the FMLA, the 6th U. S. Circuit Court of Appeals has ruled. In Morris v. Family Dollar Stores of Ohio, Inc.

Guidance Sought From California Supreme Court on Wage and Hour Exemptions

The Ninth U. S. Circuit Court of Appeals has asked the California Supreme Court for guidance on the outside salesperson and administrative exemption tests as they apply to pharmaceutical sales representatives.

Same-Gender Marriage Ban Upheld in California

The California Supreme Court has closed the latest chapter in the tumult over same-sex marriage in that state. California's highest court on May 26 in a 6-1 ruling upheld Proposition 8. On Nov. 4, 2008, the state's voters approved that ballot initiative, which amended the California constitution to limit the definition of "marriage" in that state to opposite-sex couples.

Executive Faults Nondiscrimination Rules

The government needs to modify its rules for wellness programs, which prevent companies from fully rewarding workers who change unhealthy habits and behaviors, Steve Burd, CEO of supermarket chain Safeway Inc.

DOL Puts Bush-Era Investment Advice Rule in Deep Freeze

Employers and plan administrators don't have to adjust the way they make investment advice available to plan participants just yet, the Department of Labor (DOL) announced on May 21. The DOL is pushing back the effective date of its final investment advice rule for another six months until Nov.

Seventh Circuit Delivers Good News for Fiduciaries

Pension plan fiduciaries can take comfort in a recent decision from the U. S. Court of Appeals for the Seventh Circuit, which affirmed a district court’s dismissal of claims in Hecker v. Deere & Co.

Altered Certification Form Sinks FMLA Claim

An employee's material alteration to a medical certification form invalidated her application for leave under the Family and Medical Leave Act (FMLA), the 7th U. S. Circuit Court for Appeals has ruled.

The NLRA and Non-Union Employers

In the following article, attorneys Thomas Y. Mandler and Scott M. Gilbert, of the law firm Hinshaw & Culbertson, LLP, urge non-union employers to remember that employees have rights under the National Labor Relations Act even if no union is involved.

Women Dealt Defeat Over Pension Benefit Calculation Rule

AT&T Corporation did not violate the Pregnancy Discrimination Act (PDA) when it denied its female employees service credit for pregnancy leave under a service accrual rule, applied only prior to the PDA, that gave less retirement credit for pregnancy leave than for medical leave generally, the U.