Whether employees work in the office or remotely, most communications take place via email, Slack, Zoom, Teams, and similar virtual collaborative programs. However, uncivil behavior is increasingly permeating online communications and seems to occur more frequently than in person, leading to a toxic workplace atmosphere. Increased virtual hostility stems from online disinhibition, a phenomenon in which people feel Read More
Reassignment as a Reasonable Accommodation
The U.S. Equal Employment Opportunity Commission (EEOC) has referred to the reassignment or transfer of an employee as a reasonable accommodation under the Americans with Disabilities Act (ADA) as a last resort. Reassignment may be an option to consider if the only other option is termination, especially if the employee suggests it or is open to the option. Employers must first try to provide reasonable Read More
Ninth Circuit Reverses Dismissal of Sexual Harassment Claim Stemming from Colleague’s Instagram Posts
The U.S. Court of Appeals for the Ninth Circuit has reversed a federal district court decision dismissing a female public employee’s sexual harassment suit based on her male coworker’s Instagram posts. The Court ruled that although the posts were not addressed, sent, or shown to the female employee, they nonetheless affected her workplace and could result in employer liability. The case is Okonowsky v. Garland, 9th Read More
Federal Judges in Florida, Texas Throw Out FTC Non-Compete Ban
Litigation continues in various federal courts nationwide over the Federal Trade Commission's (FTC) rule banning most non-compete agreements. With the most recent court decision in Texas implementing a nationwide injunction as to the FTC rule, it is not likely that the rule will go into effect as planned on September 4, 2024, as most employers had expected. Texas Judge Issues Nationwide Injunction Striking Down Read More
IRS Letter Allows Employees to Allocate Discretionary Employer Contributions Among Various Benefits
The Internal Revenue Service (IRS) recently issued a private letter ruling concluding that employers may permit employees to allocate non-elective, discretionary employer contributions among various employee benefit programs without endangering the tax advantages of those programs. The affected employee benefit programs include 401(k) plans, retiree health reimbursement arrangements (HRAs), health savings accounts Read More
Salesforce Settles ERISA Case with $1.35M Payout to More than 50K Employees
Salesforce and class counsel recently filed a motion for preliminary settlement approval in a California district court. Under the terms of the non-reversionary settlement, Salesforce will pay $1.35 million to more than 50,000 class members in two Employment Retirement Income Security Act (ERISA) cases. Employees alleged that Salesforce, its board, and its investment committee violated their fiduciary duties under Read More
When Offering Resignation In lieu of Termination May Be Preferable
While termination is never easy for an employer, allowing "resignation in lieu of termination" can be preferable for all parties involved in some circumstances. Resignation allows employees to tell future job prospects that they left voluntarily and may insulate employers from potential legal risks. Employers should consider some factors in determining whether allowing a voluntary resignation rather than Read More
Federal Judge Refuses to Dismiss Intuit Lawsuit as 401(k) Forfeiture Suits Continue to Proliferate
A California federal judge recently refused to dismiss a lawsuit against Intuit in which retirement plan participants claim that the company misused forfeited funds from its 401(k) plan. The denial of the bulk of Intuit’s motion to dismiss kept the core claims of the lawsuit intact, illustrating how 401(k) forfeiture suits under the Employment Retirement Income Security Act (ERISA) are gaining momentum in some Read More
HHS Adjusts Civil Monetary Penalties for HIPAA, MSP, and SBC Violations as of August 8, 2024
The U.S. Department of Health and Human Services (HHS) has published its Annual Civil Monetary Penalties Inflation Adjustment in the Federal Register, which sets the amount of civil penalties for violating laws concerning the Health Insurance Portability and Accountability Act (HIPAA), the Medicare Secondary Payer (MSP) statute, and the provision of Summary of Benefits and Coverage (SBC). These adjustments apply Read More
11th Circuit Rules Rejects Father’s FMLA Claim for Leave to Prepare for Child’s Birth
The U.S. Court of Appeals for the Eleventh Circuit has ruled that an expectant father had no right to leave under the Family and Medical Leave Act (FMLA) to travel out of state and prepare for his child’s birth. The case is Tanner v. Stryker Corporation of Michigan, 11th Cir., No. 22-14188 (June 20, 2024). Tristan Tanner became an employee of Stryker, a medical technology company when it acquired Tanner's former Read More
