Returning Value Blog

When an employer decides to sponsor a retirement plan for employees, it takes on great responsibility. Anyone who exercises discretionary authority over any vital facet of plan operations likely will be considered a plan fiduciary. In turn, these individuals face a significant risk of liability if anything goes seriously wrong with the plan.

Employers with 20 or more employees are generally required to offer continuing health care coverage to departing staff members. This is commonly referred to as “COBRA” after the legislation that made it law: the Consolidated Omnibus Budget Reconciliation Act of 1985.

It’s not uncommon for employers in some industries and localities to occasionally rehire a previously terminated employee. Should such a situation occur, you may wonder how to properly handle the waiting period typically imposed on new hires preceding their eligibility for health care benefits. The answer depends on the status of your organization under the Affordable Care Act (ACA).

Employee incentive plans can be among the most meaningful benefits that an employer can offer. This is because participants receive awards tied directly to their professional accomplishments or their organization’s success.

More and more employers are contributing dollars toward the cost of health club memberships for employees. Some are even building their own on-site fitness centers. If your organization is considering either approach, you might wonder: Are health club memberships or on-site fitness centers subject to the Employee Retirement Income Security Act (ERISA)?

Many employers believe they’ve taken adequate steps to prevent employment discrimination. And yet, it happens. The Equal Employment Opportunity Commission (EEOC) received 76,418 charges of workplace discrimination in fiscal year 2018 and, as a result, obtained $505 million for victims employed in the private sector, as well as by local, state and federal government agencies.

In good times, organizations often need to change to seize opportunities and keep up with demand. In bad times, they must change because, well, something has clearly gone awry. Whatever its cause may be, change can put great strain on an employer’s ability to accomplish its mission.

Every employer needs to keep records on pay, hours, workplace injuries and the like. And, of course, the fun doesn’t end there — you’ve also got to maintain other documentation, such as job descriptions, annual objectives, and performance reviews.

The Department of Labor (DOL) announced in very late January the 2019 annual adjustments to the civil monetary penalties for a wide range of benefits-related violations. Legislation enacted in 2015 requires annual adjustments to certain penalty amounts by January 15 of each year. Because of the government shutdown, however, the 2019 penalties weren’t published by this deadline and, thus, have a later-than-usual effective date.

It’s probably safe to say that most employers have created some form of an employee handbook. But just because your organization has one, that doesn’t mean it’s functional.