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Total Articles: 6

IRS Finalizes Regulations Allowing Plan Forfeitures to Fund QNECS and QMACS

The IRS recently finalized regulations that allow 401(k) plans to use forfeiture money to fund qualified non-elective contributions (“QNECs”) and qualified matching contributions (“QMACs”). These regulations finalize proposed regulations issued last year (you can read our prior coverage of the proposed regulations here).

Ignorance of Interplay between FMLA and ADA Can Be Costly To Employers

One mistake often made by employers is assuming that after an employee has exhausted his or her 12 weeks of protected Family Medical Leave Act (FMLA) leave, the employer’s obligation is fulfilled.

UPS to Pay $2 Million to Settle Nationwide ADA Discrimination Lawsuit

United Parcel Service (UPS) has agreed to pay $2 million to resolve a nationwide disability discrimination lawsuit filed in 2009 by the US Equal Employment Opportunity Commission (EEOC). The suit alleged that the shipping company's inflexible leave policies resulted in the job loss of disabled employees who needed reasonable accommodations under the Americans with Disabilities Act (ADA).

Best Practices for Employers from my Webinar on FMLA and ADA Overlap Issues (and a Link to our Recording!)

Thanks to those who attended my webinar last week on FMLA and ADA Overlap Issues. If you missed the program, you can access the webinar here. Our PowerPoint from the webinar can be downloaded here (pdf).

ADA with a side of FMLA: A Cornucopia of Legal Issues

Mixing the Americans with Disabilities Act and the Family Medical Leave Act can result in a smorgasbord of legal issues for many employers. While determining whether an employee has a qualifying serious health condition under the FMLA is, in large part, fairly straightforward given the FMLA’s certification requirements and detailed regulations, deciding whether the employee is also a qualified individual with a disability under the ADA can be more challenging.

Webinar Covers Changes to ADAAA, Effect on FMLA

Last week, my colleagues, Bill Pokorny and Josh Meeuwse, and I conducted a complimentary Webinar for our clients and friends of the firm regarding the ADA Amendments Act and its final regulations, which take effect May 24, 2011.