Current Employment

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Earlier today, President Obama signed into law the American Recovery and Reinvestment Act of 2009 which makes many changes affecting employee benefits law. One such change that employers must be aware of is the ARRA provision providing for a COBRA subsidy for individuals and/or their dependents who are terminated between September 1, 2008 and December 31, 2009.

On Monday, the Supreme Court rendered its decision in Kennedy v. Plan Administrator for DuPont Savings and Investment Plan, in which it ruled that a plan administrator must act in accordance with plan documents in determining who is a proper beneficiary under a plan even though that beneficiary previously waived his/her rights to a benefit under the plan via divorce decree.

Going into the campaign season, it was pretty clear that employer-based healthcare coverage wouldn’t leave the next administration untouched, regardless of which party wins. This is the first in a series of reports I will post on where the candidates stand on employment law issues, starting with healthcare. Specifically, the employer’s role in providing health insurance.

This recent case is a good reminder of why employment lawyers should be involved in every step of a company’s HR program – this case involves FMLA rules, state breach-of-contract claims, employee notice and designation procedures, and more. And it’s all because of a handbook (are you listening, Sam Zell?)

A Whirlpool plant in Indiana has suspended 39 employees who were apparently caught smoking after they claimed on their insurance forms that they were eligible for a $500 credit the company gives to nonsmokers.
My first question was: how in the hell did they get caught? I mean, if there is one group of people who [...]