2015 was a record year for workplace litigation. Increased audits from the Department of Labor and growing awareness of employee rights cost employers more than a billion dollars in the last year alone. The two areas primarily responsible for this monster growth in lawsuits are ERISA and FMLA, and multiple reports forecast this trend to continue skyrocketing throughout 2016.
The Family Medical Leave Act (FMLA) has existed since the 1990’s, but the law recently put an order into place guaranteeing job security for employees who take specific family and medical leave. This new order has quickly turned into one of the biggest headaches for HR professionals trying to self-administer. Furthermore, the DOL made FMLA enforcement a priority in 2014, and the litigation statistics prove it. The number of FMLA lawsuits filed in federal courts nationwide more than doubled from 406 in 2012 to 992 in 2013. These numbers rose in 2014 with 1,115 lawsuits filed in the United States and continued to rise greatly in 2015.
Not to be outdone, the Employee Income Retirement Security Act (ERISA) also picked up steam during the end of 2014 and 2015. This compliance law was rarely enforced in the past 40 years, but with the Affordable Care Act developing into a major concern for employers, ERISA audits have increased in frequency. And the total number of ERISA lawsuits is not even the main concern; the settlement figures are the scary part. The 2015 Workplace Class Action Litigation Report reveals ERISA lawsuits acquired more than $1.3 billion in settlements in 2014 with no signs of slowing down in 2015 and 2016.
Employers who are not compliant with both ERISA and FMLA risk adding their assets and reputation to these litigation statistics. Luckily, BASIC can help reduce your risk and free up valuable time and resources for your HR professionals, allowing you to focus primarily on your active employees and operations. Let BASIC help you remain compliant with ERISA and FMLA and reduce the burden on your work load.
BASIC’s FMLA services range from simple outsourcing to HR consulting and absenteeism in union environments. Shifting FMLA responsibilities to BASIC’s experts allows for consistent, compliant administration. This ultimately allows your staff to focus primarily on operations, eliminating HIPAA concerns and reducing the cost of internal administration.
BASIC’s ERISA Essentials reduces your risk and frees valuable time and resources, allowing you to focus primarily on your active employees and operations. BASIC’s customized Client Compliance Manual includes all the documents and forms required for employers to stay up-to-date on current regulations. Clients are also granted access to consult with BASIC’s compliance experts 24/7.