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News, trends and analysis in employment law, HR, safety & workers' comp

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Jan 07 2011
Employee Benefits

Automatic enrollment requirement delayed pending further guidance

The U.S. Department of Labor (DOL) recently promised to issue guidance about automatic enrollment in employer-sponsored health plans—sometime in the next three years. Automatic enrollment is a mandate imposed by last year’s health care reform law, the Patient Protection and Affordable Care Act (PPACA). The mandate will apply to employers of 200 or more employees…

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Jan 05 2011
Uncategorized

Rule updated on defense contractors’ mandatory arbitration agreements

An interim rule prohibiting certain defense contractors from requiring employees or independent contractors to use arbitration agreements has been finalized. One commenter urged the Department of Defense (DoD) to require prime contractors only to certify compliance by their covered first-tier subcontractors. Unfortunately, the DoD refused, and decided that the obligation to certify compliance by subcontractors…

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Jan 03 2011
Uncategorized

HHS issues rules on health insurance premium rebates

One bright spot in the new health care reform law for employers is that you and your employees eventually may qualify for rebates on 2011 insurance premiums. The Department of Health and Human Services (HHS) recently issued guidance on the new requirement for insurers to inform HHS how they spend health insurance premium dollars (

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Dec 29 2010
Oregon

OREGON: Participation in sexual jokes doesn’t preclude sexual harassment claim

A Wasco County employee can proceed with her sexual harassment complaint against the Chief Deputy Sheriff, despite the fact that she once flashed a coworker and participated in occasional joking of a sexual nature. The employee complained that the Sheriff repeatedly told her she smelled good, called her sweetie, rubbed his hands on her back…

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Dec 27 2010
Uncategorized

Small Business Health Care Tax Credit: IRS issues forms and guidance

Notice 2010-82, instructions. The credit was enacted as part of this year’s federal health care reform law and is generally available to private and tax-exempt employers who employ fewer than 25 full-time equivalent employees (FTEs), who pay average annual wages of less than $50,000 per FTE, and who maintain a health plan under which the…

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Dec 22 2010
Employee Benefits

Compliance with IRS nondiscrimination rules delayed

If you sponsor an insured, non-grandfathered group health plan, Christmas has come a little early this year. The IRS has officially delayed the effective date of the impending nondiscrimination requirements for insured plans until after regulations or other administrative guidance can be issued (

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Dec 20 2010
Uncategorized

Okay to recoup training costs from departing employees under federal law

Tips: 1620). For more discussion, contact your Vigilant staff representative.

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Dec 15 2010
Q&ASafety and Health

Does safety take a back seat to religious beliefs?

1147).  Q: We have a job opening in our manufacturing facility and one of the applicants came to the interview wearing a khimar, a religious garment that covers her hair and forehead, and hangs loosely over her upper body. We have a strict dress code policy that prohibits employees from wearing loose- fitting clothing near…

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Dec 10 2010
Affirmative Action

OFCCP adjusts its approach in audits

Officials from the Office of Federal Contract Compliance Programs (OFCCP) recently confirmed several changes to affirmative action audits, during a meeting of the Northwest Industry Liaison Group in Seattle on November 19, 2010. Vigilant is a long-standing participant in these meetings with OFCCP and federal contractors, representing our members with affirmative action obligations. Among the…

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Dec 08 2010
Uncategorized

Employer fined for reverifying expired green cards

Most employers know that they dont have to reverify a permanent resident employees green card when it expires, but is there any harm in doing so? The answer is yes, especially if youre not reverifying the documentation of U.S. citizens. One employer will be paying a $10,200 fine for doing just that. According to the…

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Dec 06 2010
Uncategorized

EEOC issues final regs on GINA

P.L. 110-233). The final rules published by the U.S. Equal Employment Opportunity Commission (EEOC) contain some provisions that may surprise you: model warning that gives you a safe harbor in case the health care provider sends you the information anyway. Even if you fail to give the warning, you are still safe if your…

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Dec 03 2010
Employee Benefits

Health care reform: Here to stay?

Kristine Cienfuegos at 800-733-8621.

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If you are a manufacturing or agriculture employer in Washington and committed to keeping your employees safe and working, you may be eligible for Vigilant's workers' compensation Retro or claims management programs. To see if you qualify fill out our release form now, or contact us.

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