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7 Matching News Items

1.  Godfrey & Kahn S.C. Link to more items from this source
Mar. 27, 2023
"While the [Memorandum GC 23-05] answered some questions, it raised many more.... [T]here are several, practical steps that an employer can take now. [1] Review confidentiality and non-disparagement provisions in severance agreements to ensure that they are narrowly-tailored to protect the employer's business needs.... [2] Include a severability clause in severance agreements. [3] Consider adding a 'savings' clause to severance agreements."
2.  Godfrey & Kahn S.C. Link to more items from this source
Dec. 14, 2022
"[I]nformation on the certification shared with the employer and words used by employees to explain an absence both matter to the proper administration of FMLA leave.... [An] employee cannot be faulted for failing to comply with company policy if the policy is unclear or the employee lacked notice of the policy.... If leave is unforeseeable, and it is the first time the employee is seeking leave for an FMLA-qualifying reason, they are not required to assert FMLA rights or even mention the act." [Render v. FCA US LLC, No. 21-2851 (6th Cir. Nov. 16, 2022)]
3.  Godfrey & Kahn S.C. Link to more items from this source
July 15, 2021
"[1] Ensure access to dedicated and skilled information technology resources ... [2] Manage the devices accessing your systems ... [3] Require strong passwords and implement multifactor authentication ... [4] Update, test and train employees ... [5] Monitor employee access and activity ... [6] Promptly terminate access ... [7] Develop and maintain an incident response plan ... [8] Implement a telecommuting/telework policy ... [9] Restrictive Covenant Agreements."
4.  Godfrey & Kahn S.C. Link to more items from this source
Apr. 28, 2021
"[U]nless an individual is no longer within his or her maximum 18-month COBRA period, the individual gets a second opportunity to elect COBRA coverage if he or she had a reduction in hours or involuntary termination prior to April 1, 2021, and either [1] did not elect COBRA coverage in conjunction with that event or [2] elected COBRA coverage before April 1, 2021, but discontinued it before that date."
5.  Godfrey & Kahn S.C. Link to more items from this source
Mar. 29, 2021
"Employers must provide notice by May 31, 2021, to AEIs who are eligible for the special election opportunity.... [Employers] should try to get these notices out as soon as possible because they start the clock for each applicable AEI's special election period."
6.  Godfrey & Kahn S.C. Link to more items from this source
Dec. 30, 2020
"Most employers created FFCRA paid leave policies that expressly expire on December 31, 2020. If an employer decides to provide extended FFCRA paid leave to employees, it may need to update its FFCRA policy to reflect that it will be in effect through March 31, 2021.... Even if an employer chooses not to provide FFCRA leave in early 2021, some state and local laws may require an employer to provide COVID-19-related paid leave to employees. In addition, many states have general paid leave laws set to go into effect on January 1, 2021[.]"
7.  Godfrey & Kahn S.C. Link to more items from this source
Feb. 22, 2017
"A recent Seventh Circuit decision leaves ERISA plans paying claims without a remedy to enforce coordination of benefits clauses against other payers.... ERISA plans cannot ordinarily pursue reimbursement or contribution under state law theories, as such claims are typically pre-empted by ERISA. After this decision, they also cannot pursue reimbursement under ERISA." [Cent. States, Se. & Sw. Areas Health & Welfare Fund v. American Int'l Group, No. 15-2237 (7th Cir. Oct. 24, 2016)]

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