Tag: ERISA

Mandatory overtime, also known as forced overtime, happens when employees, including nurses and CNAs, are forced to work more hours than they had contracted to work upon hire (which is usually 40 hours per week). Forced overtime is imposed. Nurses, CNAs, and other employees cannot opt out of mandatory overtime—hence its name. While some nurses […]

If you suffer a disabling injury or illness that requires treatment and appropriate medical care for a short period of time (typically 12 months or less), short-term disability (STD) insurance benefits can provide you with income replacement. Your short-term disability  income replacement benefits are based on your monthly income, along with a predetermined percentage of […]

Like many cases brought under the legal provisions of the Employee Retirement Income Security Act (ERISA), Van Steen v. Life Insurance Company of North America (LINA) began when Mr. Van Steen’s long-term disability insurance company, LINA, wrongfully terminated his long-term disability benefits. The judges eventually agreed with Mr. Van Steen and reinstated his long-term disability […]

DarrasLaw represents people across the United States who are facing severe mental and physical disabilities in claims for coverage under disability insurance policies. Recently, we published a blog about the challenges of filing a claim for long-term disability based on depression. We discussed a common provision in these policies that restricts wage replacement payments to […]

Wellness programs provide employees the opportunity to take proactive steps in improving health and well-being. These programs can be included in a health plan, or offered separately. Regardless of how the benefit is obtained, employees can use the platforms to increase their health and work productivity. However, employers must recognize that ongoing wellness program management […]

The United States Department of Labor issued regulations that revise how employer-sponsored disability plans will handle claims and appeals. These regulations apply to plans that fall under the Employee Retirement Income Security Act (ERISA). These changes are scheduled to take effect January 1, 2018, meaning they will apply to disability claims or appeals filed on […]

Legal disputes sometimes arise from dissatisfied customers of large, high-profile insurance companies. For example, Blue Cross Blue Shield of Michigan recently experienced a number of unhappy clients who pursued legal recourse. Over the past week, the business additionally faced another round of lawsuits with accusations of violating the Employee Retirement Income Service Act (ERISA). A […]

In 1974, the U.S. passed the Employee Retirement Income Security Act (ERISA) in an effort to regulate retirement plans that employers offer to their workers. In addition, it provides provisions regarding other benefits, including disability insurance plans offered to employees through the company. It does not apply to privately purchased disability insurance packages outside of […]

While much of the country waits to see what will happen to their insurance under a new Republican White House and Congress that have pledged to end the Affordable Care Act, another system of health-related benefits is facing new, unrelated changes. Shortly before the change in administrations, the U.S. Department of Labor published new regulations […]

All this week, our blog has been discussing the pitfalls of absentmindedness in relation to car insurance. Specifically, how consumers may be costing themselves hundreds of dollars per year by neglecting to pay any attention whatsoever to the actual amount of coverage for which they are paying or whether adjustments are in order. To that […]