Unclear Writing Creates ERISA Liability

By Bill Wright An employer breached its fiduciary duty under ERISA by failing to inform benefit plan participants of the covered health insurance benefits in terms a reasonable person would understand.  The employer was the plan administrator, and had adopted a simplified plan document that merely incorporated its third-party claim administrator’s summary plan description.  The […]

EEOC Ain’t Over ‘Til It’s…Forever

By John Alan Doran The Seventh Circuit recently condoned an EEOC practice that dramatically inhibits the private settlement of employment discrimination lawsuits. Two Union Pacific employees filed an EEOC charge.  The EEOC provided a Notice of Right-to-Sue, and the employees filed a federal lawsuit alleging harassment, discrimination, and retaliation.  The employees’ lawsuit was later thrown […]

Employers Must Start Using New Form I-9 on September 18

by Carol Hildebrand Beginning September 18, 2017, every U.S. employer must begin using the new Form I-9, “Employment Eligibility Verification.” The new Form contains no significant changes and both employers and employees will find it quite similar to the outgoing Form. To verify that you are using the correct Form, the number located at the bottom of […]