employee benefits Archives

What do fiduciary responsibilities mean with ERISA?

For New York residents who are taking part in the Employment Retirement Income Security Act of 1974 (ERISA), it is not only important to understand the basics of the pension plan, but there are other aspects that must be accounted for to make certain that the plan is protected. It is vital to understand the fiduciary responsibilities of ERISA.

Lawsuit filed by New York EMS for disparity in employee benefits

In New York City, the emergency responders are a crucial part of the city's landscape. This includes the fire department, law enforcement and emergency medical service. While each of their entities has a labor union to protect them, there is a perceived disparity in how they are protected with employee benefits as well as other issues. If there is a belief that other departments are receiving better employee benefits, there is the right to seek information regarding that and to request that the same benefits be accorded to all departments.

FMLA and the number of employees and distance rules

New York workers who meet the criteria for the Family Medical Leave Act (FMLA) have the right to take time off for a variety of reasons. However, there are times that the criteria itself can be confusing and workers might not know exactly what they mean. There are numerous foundational requirements to be able to use FMLA. One is the number of employees and distance from the employee's worksite at which the counted workers will be located. If there are violations made by the employer, the worker will have the right to have the union seek to get them what they are entitled to with help from a law firm experienced in representing unions in employment law.

Legal assistance with summary plan descriptions and labor law

Ensuring employee benefits is a substantially important part of what a labor union does. For New Yorkers who have concerns about various factors related to their benefits as an employee, a legal firm that is experienced with issues such as a summary plan description (SPD) and other matters is imperative. SPD has an influence on ERISA, health coverage under the Affordable Care Act, pensions and more. A legal professional is vital to formulate and oversee these plans and the SPD is key toward that end.

Employees should pay attention to new FMLA regulations

In New York, employees are accorded certain rights under the Family and Medical Leave Act. It is important that both employers and employees adhere to the law regarding FMLA. An important part of that is understanding when paid leave must be provided under FMLA and what changes are in store for the coming year and beyond. A worker who is denied these employee benefits should be fully cognizant of the exact regulations so they can act if they are denied and move forward with employment litigation.

Union members protest proposed cuts to benefits from Hilton

For New York union members who do not believe they are being treated fairly when employers are negotiating a new contract or are failing to live up to the requirements of a current contract, it is imperative to understand labor law, the right to protest and how to negotiate a settlement to the dispute. Workers have alternatives when collective bargaining and various tactics such as picketing and even encouraging a boycott of the business are ways to make certain that their complaints are heard. Having legal assistance with these matters is vital to any situation.

How does FMLA address a serious health issue?

New York workers have the Family and Medical Leave Act (FMLA) to provide various protections and rights. One of the reasons for taking the time off accorded to workers under FMLA is if there is a serious health condition being suffered by a worker or a family member of the worker. Understanding how the law defines "serious health condition" and the medical certification that is required to prove that it was necessary and applicable to FMLA is essential when seeking to use this benefit.

HIPPA, nondiscrimination requirements and health factors

Union members in New York should know certain facts about the Health Insurance Portability and Accountability Act (HIPAA), how it works and when they are shielded from discrimination. Since health coverage has become such a hot topic and its status is growing more confusing, having coverage as part of an agreement for employee benefits is more important. Knowing facts about HIPAA is vital.

How can you enforce your rights under U.S. labor law?

Workers in New York and across the U.S. have always been vulnerable to the whims of ownership and management. Union representation has provided layers of protection to workers to keep them from being underpaid, overworked, deprived of rights they are legally entitled to and much more. However, there are still times when employers will try to stop workers from exercising certain rights or will violate those rights. Unions themselves sometimes commit violations. It is in these situations that workers need to be aware of how the National Labor Relations Board, or NLRB, can help.

What information am I entitled to with ERISA?

For many workers in New York, there are a multitude of benefits that they are not completely certain or informed about. Workers have the right to request and receive information about plans they are involved in as part of their employee benefits package. One is ERISA - the Employee Retirement Income Security Act. For workers who are having an issue regarding ERISA or are not getting information they have requested, it is important to know their rights.

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