Employee Benefits Lawyers in the USA
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- Accommodation of Religious Practices in the Workplace
Employers must accommodate workers within the company for religious practices that demand certain processes, days off or attire in the building. This is due to the Civil Rights Act of 1964 that does not permit discrimination by the employer for religion or religious-based actions and activity in the company by the individual employee.
- ERISA: Independent Medical Reviewers and the Award or Denial of Benefits
When benefits are necessary for someone in an ERISA program, the role of independent medical reviewers in these decisions where benefits may process through a denial or acceptance, it is important to understand how important or extraneous this decision is regarding ERISA. For the specific person, it could lead to a longer or shorter claim through legal proceedings.
- Will Ongoing Employment Bind an Employee to a Non-Compete Agreement?
Competitive businesses may be concerned that employees who terminate their employment might give their new employers information about the former employer that is confidential or considered a trade secret. To avoid this from happening, many employers require employees to sign a non-compete agreement.
- Best Practices for Sexual Harassment Investigations
Sexual harassment in the United States has had an insidious role in the workplace. Sexual harassment can impose liability on employers on the basis of federal laws or state laws. Employers are required to promptly investigate claims of sexual harassment. They may also need to take immediate corrective action to be sure to stop the harassing conduct.
- Vocational Assessments for “Any Occupation” Provision in ERISA Cases
When processing of an ERISA case occurs, the claimant needs to undergo an assessment after a standard 24 months to determine if he or she has the capacity to perform within any occupation. The provision in these cases may alter what judgment renders and what earning potential is possible based on the specific person.
- Obese Employees Potentially Protected by California FEHA
It is in 2017 that the Court of Appeal in California pushes through protections for obese workers as a disability due to the physical cause and inability to perform certain actions with specific industries of work. This will require many different places of work to amend policies and action when confronted with safeguards for larger men and women.
- Employers' Best Practices on Transgender Transitioning in the Workplace
Employers need to consider how to deal with a person that transitions from male to female or female to make while still working for the same company. There are various aspects that the employer will need to deal with, and this will affect how the workers and management determine how to proceed with similar events.
- America's Opioid Crisis Is Now in the Workplace: How Employers Can Manage the Crisis
The American workplace is reaping the fallout from a drug-infested society.
- Are You Entitled to Be Compensated for Travel Time?
Travel Time Compensation For The Non-Exempt Employee The Fair Labor Standards Act (FLSA) requires employers to pay overtime to non-exempt employees, for time worked that exceeds the employee’s usual work time in the employee’s field. Generally, hours worked over 40 hours in a week must be compensated at least one and one-half times the employee’s regular rate of pay.
- 5 Myths about SSD Recipients
As soon as people enter the workforce, a portion of every paycheck is deducted for the Social Security Disability Insurance Trust Fund. During a lifetime, workers earn up to four “credits” per year, based on the number of hours they work and their income. If workers develop a disability, they will need a minimum number of credits to be eligible for SSD benefits.