Publications

Spring Employer Update (mini-seminar outline)

Author: Rachel | Published: March 14, 2013

presented March 5, 2013 by David D. Schein, President and General Counsel, Claremont Management Group, Inc.

 

I.   Obamacare Update:

A.  Over 2013 and 2014, watch for the following to be implemented under the Act:

1.  Elimination of 28 percent subsidy on the costs for Medicare Part D that employers have received.

2.  Group health plans and insurance carriers may not impose any annual limit. Lifetime limit already in place.

3.  Plans cannot have Continue reading »

Obamacare and Employers (mini-seminar outline)

Author: Rachel | Published: July 18, 2012

presented July 18, 2012 by David D. Schein, President and General Counsel, Claremont Management Group, Inc.

 

I.   Obamacare:

A.  Current Status

1.  United State Supreme Court ruled on Obamacare June 28, 2012

2.  Ruled that the individual mandate under Obamacare was a tax, and therefore was constitutional.

3.  USSC did disallow Continue reading »

Your Best Employment Strategies for 2012 (mini-seminar outline)

Author: Rachel | Published: February 10, 2012

presented February 10, 2012 by David D. Schein, President and General Counsel, Claremont Management Group, Inc.

 

I.   Marsh USA Inc. and Marsh & McLennan Cos. v. Rex Cook, Supreme Court of Texas, 06/24/11, 6-3 Decision in favor of Marsh.

A.  One of the largest insurance brokers in the United States sues a director level employee when he joins a competing brokerage company. His employment agreement prohibited him from working for a competitor and soliciting clients of the company in exchange for providing him stock options.

B.  Texas Business and Commerce Code generally limits non-competes in terms of geographical scope, time and scope of activity and it must be part of an otherwise enforceable employment agreement. Terms must be reasonably related to protecting the business interests of the employer.

C.  Consideration is required for enforceability, and generally, it had to be related to give rise to the interest in restraining competition. Cash was originally thought to be sufficient, but the courts later ruled that provision of confidential information and trade secrets was the only type of consideration that was adequate. Later cases held it could be a “promise” to provide such information.

D.  In the Marsh case, TXSPCT rules that the interest to be protected must only be reasonably related to the consideration provided. That granting a senior executive stock options was a reasonable way to protect the goodwill of the company, something that could be protected.

E.  General Rules as a Result: Continue reading »

WalMart Class Action and Recent Cases (mini-seminar outline)

Author: Rachel | Published: August 2, 2011

presented August 2, 2011 by David D. Schein, President and General Counsel, Claremont Management Group, Inc.

I.   WalMart vs. Dukes – US Supreme Court, 06/30/11:

A.  Betty Dukes, CA Employee of WalMart, leads a class action of up to 1.5 million women claiming systemic discrimination against women.

B.  CA District Court and infamous 9th Circuit CA both certify class for plaintiffs.

C.  USSC tosses the case, but note two sets of rulings: Continue reading »

Employers and the New Health-Care Bills (mini-seminar outline)

Author: Rachel | Published: May 20, 2010

presented May 20, 2010 by David D. Schein, President and General Counsel, Claremont Management Group, Inc.

 

Patient Protection and Affordable Care Act (PPACA), HR 3590, March 23, 2010, and the Health Care and Education Tax Credit Reconciliation Act of 2010, HR 4872 (Sidecar Bill), March 30, 2010.

Major changes to healthcare system in the US. Expect $10B to $20B impact on taxes over ten years. While “Affordable” is in the title, PPACA is almost certain to increase the cost of healthcare itself.

Very complex and one way to review the bill is a timeline of expected impact on employers. Continue reading »

Dealing With Hard Times and the Flu (mini-seminar outline)

Author: Rachel | Published: November 10, 2009

presented November 10, 2009 by David D. Schein, President and General Counsel, Claremont Management Group, Inc.

I.   Watch Out for New ICE Initiative

A.  US Immigration and Customs Enforcement, “ICE,” Raids Continue reading »

FMLA Forms Available Online

Author: Rachel | Published: July 21, 2009

FMLA Forms Available Online:

Employer Notice Poster – WH 1140 – See:  http://www.dol.gov/esa/whd/regs/compliance/posters/fmlaen.pdf

Eligibility Notice Form – Parts A and B – See:  http://www.dol.gov/esa/whd/forms/wh-381.pdf

Certification of Serious Health Condition by Employee:  http://www.dol.gov/esa/whd/forms/WH-380-E.pdf

Certification of Serious Health Condition for Employee’s Family Member:  http://www.dol.gov/esa/whd/forms/WH-380-F.pdf

Designation Notice – Approved/Disapproved:  http://www.dol.gov/esa/whd/forms/WH-382.pdf

Certification for Qualified Exigency for Military Family Leave:  http://www.dol.gov/esa/whd/forms/WH-384.pdf

Certification for Serious Injury or Illness of Covered Servicemember for Military Family Leave:  http://www.dol.gov/esa/whd/forms/WH-385.pdf

Hot HR Issues: COBRA and FMLA (mini-seminar outline)

Author: admin | Published: July 21, 2009

presented July 21, 2009 by David D. Schein, President and General Counsel, Claremont Management Group Inc.

 

      I.        Note that Federal Minimum Wage Increases to $7.25/hr. on July 24, 2009.

    II.        COBRA – New Adjustments on Payment and Eligibility: Continue reading »