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1
The Sixth Circuit Reaffirms The "Less Burdensome" Standard For Adverse Actions In Retaliation Claims And Upholds Punitive Damages Against Employer
In a decision designated for publication, the United States Court of Appeals for the Sixth Circuit issued an order reaffirming the "less burdensome" standard for "material adverse actions"
United States
10 Oct 2019
2
DOL Issues Final Overtime Rule Increasing The White-Collar Employee Salary Threshold. Employers Have Until January 1, 2020 To Change Payroll Practices.
The Department of Labor ("DOL") unveiled the final version of its overtime exemption rule (the "Rule"), which sets the annual salary threshold for exempt employees to qualify for the Fair Labor Standards Act's
United States
8 Oct 2019
4
Pay Transparency And Pay Equity In Ontario
Two new laws that seek to enhance pay transparency and pay equity have been passed and, once proclaimed, will impact provincially-regulated and federally-regulated employees and employers.
United States
26 Sep 2019
5
What To Do If Your Company Is Close To The Affordable Care Act's 50 Full-Time Employee Threshold
Having recently helped a client determine if it employed on average more than 50 employees per month in a calendar year and therefore was an applicable large employer ("ALE") subject
United States
26 Sep 2019
6
CCPA Amendments Pass Adding Some Clarity To Scope And Industry Breathing Room, Especially To B2B Businesses
At the close of its 2019 legislative session, the California Legislature passed five amendments to the CCPA, which now head to the Governor's desk for signature by October 13, 2019 to be effective.
United States
25 Sep 2019
7
New York Passes Expansive Discrimination Laws Requiring Employers To Immediately Review Their New-Hire Policies And Employment-Related Contracts
The patchwork of state employment laws just got a few more patches. On July 12th and August 12th (Senate Bill S6577), Governor Cuomo signed two employment-focused laws that added
United States
12 Sep 2019
8
Considerations For Plan Sponsors Who Discover Unauthorized Workers In Their Retirement Plans, Part 2: Tax Reporting, Withholding, And Missing Participants
With immigration enforcement in the news, some employers may be wondering what responsibilities they have related to their retirement plans
United States
10 Sep 2019
9
Considerations For Plan Sponsors Who Discover Unauthorized Workers In Their Retirement Plans, Part 1: ERISA And The Department Of Labor
With immigration enforcement in the news, some employers may be wondering what responsibilities they have related to their retirement plans
United States
4 Sep 2019
10
Increasing Access To Retirement Security
On August 31, 2018 President Trump issued Executive Order 13847, titled "Strengthening Retirement Security in America". This Executive Order directed the Secretary of Labor to:...
United States
13 Aug 2019
11
"Well I'm Gone To Detox Mansion"* – What Employers Should Be Mindful Of When An Employee Asks For Time To Enter Rehabilitation For Substance Abuse
From our perspective we appear to be experiencing an uptick in the reporting of employees testing positive for controlled substances, whether how to address positive tests for cannabis
United States
8 Aug 2019
12
New HRA Alternatives For Employers
The IRS issued final regulations on June 20, 2019 (the "Final Regulations"), which will allow employers to offer two new categories of health reimbursement accounts ("HRAs") for plan years beginning on or after January 1, 2020
United States
7 Aug 2019
13
Compensation Of Shareholders Of Closely Held Companies: Is Yours Reasonable?
There is no one-size-fits-all answer for closely held corporations when choosing to be taxed as an S-Corp or a C-Corp.
United States
31 Jul 2019
14
Accommodating An Anxious Workforce
The American population, and thus the American workforce, is becoming increasingly subject to anxiety and depression disorders
United States
29 Jul 2019
15
IRS Beginning To Send Affordable Care Act Notices To Religious Organizations
According to statements made by the acting director of exempt organizations at the IRS, churches and other religious organizations will soon start to receive questions from the IRS
United States
25 Jul 2019
16
Another Multiemployer Pension Fund Cautionary Tale: Employer Does Not Owe Withdrawal Liability, But May Still Owe An "Exit Fee"
Employers that completely or partially withdraw from underfunded multiemployer pension funds are well aware that they may owe the fund withdrawal liability—an assessment against the employer
United States
24 Jul 2019
17
Employment Law Considerations For Engaging Gig Workers
In a growing technological and global marketplace, the labor market is expanding to accommodate the "gig economy," a labor market characterized by short-term, freelance or other alternative work relationships.
United States
11 Jul 2019
18
Association Health Plans: Still Viable?
The Department of Labor ("DOL") issued final regulations in June 2018, which loosened the DOL's long-standing sub-regulatory guidance and allowed more organizations
United States
28 Jun 2019
19
Handbook Compliance: A Multi-State Issue
Most folks reading this post are subject to a slew of policies that govern his or her employment.
United States
13 Jun 2019
20
Surprise! A QDRO Can Apply To A Welfare Benefit Plan
Most plan administrators are familiar with a qualified domestic relations order or "QDRO," which is used to split retirement plan benefits between a plan participant and an alternate payee ...
United States
7 Jun 2019
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