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Insurance

Class actions exploded in ’08, employers continue to pay the price

01/27/2009

Employment law class-action litigation is growing at an explosive rate, and the economic meltdown will probably fuel even more lawsuits in 2009. So says a recent report that also predicts far greater financial exposure for employers that must defend their employment policies in court. Here are the gory details.

Unemployment filings overwhelm state systems

01/16/2009

Amid the crush of newly jobless Americans seeking benefits, electronic unemployment-filing systems crashed in three states in January—New York, North Carolina and Ohio.

Driving on company business: Who’s liable?

01/16/2009

Q. Say an employee driving his own car on company business to make a bank deposit gets into an accident and is slightly injured. Is it his responsibility to go to his own doctor to seek immediate treatment and then to the workers’ comp doctors? And who covers the damage to the car?

Ask attorney for help in structuring joint ventures to limit employer liability

01/16/2009

Good news if your company is involved with another firm in a joint venture that includes provisions for sharing labor and workers’ compensation insurance costs: Employees working under the joint-venture agreement can’t sue you for damages relating to injuries covered by the workers’ compensation system.

Must we reinstate health insurance that lapsed while employee was on FMLA leave?

01/13/2009

Q. Our company allowed an employee’s health insurance to lapse because he failed to pay his share of the premium while on FMLA leave. The employee is scheduled to return to work in two weeks. What is the company required to do about the employee’s health insurance coverage when he returns?

Remind employees: Honesty required when applying for health insurance benefits

01/09/2009

Remind employees that they must be honest when filling out health insurance sign-up forms. Otherwise, they—and your company—may be sued later to recover the medical costs associated with undisclosed pre-existing conditions.

Review contract language before changing benefits

01/09/2009

If your organization has a collective-bargaining agreement with a union, you must make sure you check with counsel before you make any changes to benefits. In some cases, promises made in past contracts—such as a promise to provide retiree health benefits—may be a binding, vested promise that cannot be undone.

Buying a company’s assets? Liabilities may be included

01/09/2009

If your organization is in good fiscal shape in these tough times, top brass may be looking to snap up the assets of failed companies at bargain prices. Remind management that it may end up picking up liabilities such as unemployment insurance claims if it doesn’t structure the deal correctly.

Workers’ comp for unpaid interns?

01/09/2009

Q. A local college has asked our company to allow a student to work at one of our plants for credit this summer. The student would not be paid, which sounds like a great deal for the company. However, we are concerned about what would happen if the student were injured while interning. Would we be liable?

Control, payroll big factors in who pays for injury

01/09/2009

Sometimes, employees of one company may end up temporarily doing work for another company. If they are injured during the course of that work, who picks up the tab? Generally, the employer that carries the employee on the payroll and that controls the way the work is done.