n the case of Gregory v. Cott, a California court had to decide whether a homecare worker attacked by an Alzheimer’s patient can sue the family for negligence. Two out of the three appellate judges deciding the case thought that homeworker had “assumed the risk” of that violence and that her only remedy would be workers’ compensation.

The DOL has issued the regulations on the Affordable Care Act which in part address seasonal workers. As indicated in the regulations these are not limited to agricultural workers or retail workers. Think of workers at golf clubs or summer camps for example. Seasonal Workers Section 4980H(c)(2)(B)(ii) provides that if an employer’s workforce exceeds 50 full time employees for 120 days or fewer during a calendar year, and the employees in excess of 50 who were employed during that period of no more than 120 days were seasonal workers, the employer is not an applicable large employer. Notice 2011 36

I recently received this email from a competitor of ours, BLR. While I believe they have excellent compliance resources I also believe they are dead wrong in what is most important. You see, the #1 goal of HR should be to help grow the company. That’s the biggest risk ownership will ever face. That’s what they tell us in our surveys and in my workshops with them. That means you help hire well, drive performance and retain your winners. Guess what?…do that and chances are you don’t get sued. And, any exposure to an EPLI claim should be capped with

The Department of Labor (“DOL”) has issued Technical Release 2013-02 outlining employers’ obligations to provide notice to employees of coverage options under the Affordable Care Act’s health insurance exchanges (which the Departments have re-branded as “marketplaces”). The original deadline to provide this notice was March 1, 2013; however, the DOL delayed the requirement pending regulations to be issued at a later date. Although the DOL has still not released the promised regulations, the guidance sets a new effective date of October 1, 2013, the same day that open enrollment on exchanges is scheduled to begin. The DOL said that it

Here is a link to the 2013 Consumer Action Handbook. I would make sure all my employees are familiar with it!

“You’re off to great places, today is the day: Your mountain is waiting, so get on your way!” –Dr. Seuss This issue discusses: Editor’s Column: 10 Personnel Management Challenges for CEOs Make Sure Volunteer Workers Carry Workers Comp EEOC Credit Report Lawsuit Dismissed 2012 EEOC Claims Near 100,000 Mark An Employee Referral System That Works We have also provided you with the Form of the Month. Please click here to view the newsletter in PDF.   Editor’s Column: 10 Personnel Management Challenges for CEOs Over the years, I’ve had the chance to do hundreds of three-hour workshops for CEOs about

We recently hosted a webinar with Rick Betterley of the Betterley Report. Rick is the foremost expert on Employment Practices Liability Insurance (EPLI) coverage. Here are some of the notes from our webinar with him as well as from the Betterley Report. To learn more about the Betterley Report, go to Betterley.com. To begin with, there has been an increase in rates as well as in retentions (the deductible an employer has to pay). While there hasn’t been much change in coverage, underwriters are raising rates anywhere from 10-25%. The EPLI industry is a $1.6 billion business. According to Rick,

Here are some excellent resources regarding the Affordable Care Act. Also check your BNA State Law Summary for information on State Mandates and Health Care Exchanges

Today is Earth Day! Companies can do some very basic things to change to a green model:

Recycle
Reduce waste, including use of plastics and paper
Reduce energy use
Telecommute and ride-share
Adopt a local green charity
Use sustainable carpeting, furniture, etc.
Ask employees and leaders “how can we be more green”?

The Department of Labor’s Employee Benefits Security Administration has updated its website with the Annual Report on Self-Insured Group Health Plans: Annual Report to Congress, available at www.dol.gov/ebsa/pdf/ACAReportToCongress033113.pdf Appendix A, available at www.dol.gov/ebsa/pdf/ACA-ARC2013.pdf Appendix B, available at www.dol.gov/ebsa/pdf/ACASelfFundedHealthPlansReport033113.pdf News Release, available at http://www.dol.gov/ebsa/newsroom/2013/EBSA040113.html