colorpix


Braun Consulting Group Logo

Human Resources, Union/Labor Relations and Personnel Expertise


NEWS Braun Consulting
News
LETTER


Vol. 3 No. 1
Spring 1997
See our Web Page for Updates:
http://www.BraunConsulting.com/ bcg/braun.htm.

Medical Savings Accounts - More on ADA
Alternative Dispute Resolution

INSIDE
New Test Program  for
Medical Savings Accounts....1
ADA and "Reasonable Accommodation".................1
401 (k) Basics.....................1
Texaco Revisited: Recordings
in Employment Litigation......1
"Time Off"
Alternative to Overtime Pay.2
Did you know?:...................2
Sexual Harassment
In The News.......................2
"Internet Code of Conduct - Model Policy".....................2
EEO & Arbitration
"Gilmer revisited in DC".......2
"In House" Arbitration?
Your Program
Must Be Good!...................3
In Arbitration:
Sexual Harassment...............3
Family Medical Leave Act Reminder.............................3
Quick Tips:..........................3
Repetitive Stress Injuries -
A Common Sense
Approach............................3
What is Carpal Tunnel Syndrome?..........................3
Questions or Concerns.........3






The Contents of this News Letter are intended for general information and should not be construed as legal advise or opinion.





BRAUN Consulting Group
1326 Fifth Ave., #339
Seattle, Washington 98101
Contact Braun-BCG


(next column)

Table Of Contents INSIDE





Braun Consulting Group

* Insurance * Labor * Personnel

New Test Program for Medical Savings Accounts

Beginning in 1997, certain individuals (those who work for companies with 50 or fewer employees or are self-employed) may participate in a medical savings account (MSA) plan. The plan will have two components: (1) a catastrophic health insurance policy with a high deductible (for individual coverage, at least $1500; for family coverage, at least $3,000) and (2) a medical savings account.

The MSA is a trust created / organized in the US only for the purpose of paying qualified medical expenses (Sec. 213 d) of the account holder and qualified dependents. Trustee is a bank, insurance company or Secretary approved entity. No part of trust assets will be invested in life insurance contracts. Cash only contributions required except allowed rollovers. Annual tax exempt contributions may not exceed the maximum allowed. This may be the future of medical coverage.

ADA and "Reasonable Accommodation"

CA:5: It is important, for purposes of proving ADA discrimination, to distinguish between employer's knowledge of employee's disability verses its knowledge of any limitations experienced by employee as result of that disability, since ADA requires employersreasonably to accommodate limitations, not disabilities.

(next column)

Next Page

401 (k) Basics

Eligibility - 21 years of age
Service - 2 years, 1 year if vesting schedule
Exclusions - Union employees, Nonresident employees, any other classes
Types of contribution - Employee deferral, employer match, discretionary, QNEC (Qualified Non Elective Contribution), QMAC (Qualified Matching Contribution), and after tax
Maximum contribution - 25% or $30,000
Maximum compensation - $150,000
Types of plans - Defined Benefit, Defined Contribution 401 (k) is now available to tax exempt 501 (c) (3) as well as other exempt.

New rules on owners contributions lets managers put away more.

Texaco Revisited: Recordings in Employment Litigation

State laws regarding tape recordings and wiretaps will preempt federal statutes in most litigation. State wiretap and surveillance statutes come in two types: (1) Those that - like the federal statute - allow taping with the consent of one party to the conversation; and (2) those that require the consent of all parties to the conversation. The federal statute does not preempt more restrictive state statutes. SeeUS. v. Felton, 592 F. Supp. 172, 193 (W.D. Pa. 1984).

The Washington statute requires all-party consent to taping, and contains the additional requirement that the recording party make an announcement to all parties to the conversation on the tape itself that the conversation is to be recorded. Wash. Rev. Code Ann. 9.73.030 (West 1988). The actual consent does not need to be recorded.

Next Page

The Contents of this News Letter are intended for general information
and should not be construed as legal advise or opinion.
Click Here to view our Web Site Disclaimer Page.

Thank you for your interest in Braun Consulting Group.

(To The Top Of This Page) * * * (Back to BCG Main Menu)***(Newsletter Table Of Contents INSIDE)

line

1326 5th Ave, Suite 339 / Seattle, WA 98101
Contact Braun-BCG

line

Web Site Created by -
AJ Consulting (Alex-Johnson@MusiciansNetwork.com)
© 1997 Braun Consulting Group