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Firing Your Employees To Keep Them Off Your Health Insurance Plan Is A Bad Idea

Published on July 20, 2010

In Porter v. Elk Remodeling, Inc., the Eastern District of Virginia denied an employer’s motion for summary judgment on a former employee’s ERISA and Virginia Human Rights Act (“VHRA”) claims based on evidence that the employer had discriminated against the employee with respect to rights under an employee benefit plan as well as gender.  A copy of the opinion is here.  More after the break. (more…) ...

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Increase in Temporary Workers Warrants Review of Employee Benefit Plans

Published on April 22, 2010

The temporary employment services industry has shown growth for the fifth consecutive month since August 2009.  This means that employers are likely hiring more employees with other-than-permanent employment status.  An article in HR Magazine notes that this trend merits a review of a company’s benefit plans to ensure that coverage is being provided only to those employees entitled to it.  The article suggests that the language in the plans include definitions for temporary and permanent em...

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Recent 4th Circuit Decisions of Interest

Published on November 19, 2008

The U.S. Court of Appeals for the Fourth Circuit -- already famous for not publishing many of its decisions -- has continued the trend this year with very few published decisions.  Several recent employment law decisions, however, are published decisions and warrant comment here.  We also note a recent unpublished decision that might be of interest. (more…) ...

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Mental Health Parity

Published on November 5, 2008

A little noticed part of the "bailout bill" recently passed by Congress is the inclusion of the "Paul Wellstone and Pete Domenici Mental Health Parity and Addiction Equity Act of 2008."  This Act amends ERISA and essentially mandates that group health plans provide equal benefits and deductibles for physical and mental illnesses.  A summary of the bill is after the break. (more…) ...

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Retaliatory Discharge Under ERISA

Published on September 9, 2008

For those interested in ERISA, the Boston ERISA and Insurance Litigation Blog has a post here on a decision by the U.S. Court of Appeals for the First Circuit holding that a plaintiff must produce evidence of specific intent to retaliate for filing a claim for benefits in order to survive summary judgment.

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