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U.S. Supreme Court Overturns Roe and Casey: What This Decision Means for Employers

As many expected based on the draft opinion that was leaked months ago, the U.S. Supreme Court has held the U.S. Constitution does not protect the right to obtain an abortion....more

Group Health Plan Considerations in the Face of (Potentially) Changing Abortion Laws

On May 2, 2022, a draft opinion from the U.S. Supreme Court case Dobbs v. Jackson Women’s Health was leaked to the press, and as a result the Court is expected to overturn Roe v. Wade and Planned Parenthood v. Casey,...more

SECURE 2.0 – What Employers Need to Know

On March 29, 2022, the House of Representatives passed the Securing a Strong Retirement Act of 2022 (“SECURE 2.0”, HR 2954). The vote was largely supported by both parties (414-5). The Senate will likely act on the bill...more

IRS Answers To Your American Rescue Plan Act COBRA Subsidy Questions

In much-anticipated guidance, the Internal Revenue Service has offered its insight on the implementation of the COBRA temporary premium subsidy provisions of the American Rescue Plan Act of 2021 (ARPA) in Notice 2021-31...more

New Mandatory Retirement Plan Requirement For Certain New York City Employers

On May 11, 2021, the City Council of New York enacted a local law to establish a retirement savings program for certain employees of private entities. What are the Details? The new law creates a mandatory...more

American Rescue Plan Act Extensions, Changes To Select Tax Credit, Compensation Deduction Provisions

The American Rescue Plan Act of 2021 expands upon some popular tax credit provisions and makes other changes to a key tax provision regarding compensation deduction limitations. These changes are summarized below...more

Consolidated Appropriations Act, 2021: PPP And Tax Provisions

The Consolidated Appropriations Act, 2021 (Act) generally provides the annual funding for the federal government and contains several important rules giving further COVID-19 relief. These include, among other things,...more

Does Your Nonqualified Plan Need To Be Amended By December 31, 2020?

Section 162(m) of the Internal Revenue Code (“Code”), which disallows the deduction by any publicly held corporation with respect to certain compensation paid to a covered employee over $1,000,000, was amended by the 2017 Tax...more

IRS Notice On Presidential Order Deferring Payroll Tax Obligations Creates Additional Uncertainty

The Internal Revenue Service has issued Notice 2020-65 to provide guidance on the employment tax deferral that is the subject of President Donald Trump’s August 8, 2020, Memorandum on Deferring Payroll Tax Obligations in...more

What It Means: President Trump’s Executive Order On Deferring Payroll Tax Obligations

On August 8, 2020, President Donald Trump issued the Memorandum on Deferring Payroll Tax Obligations in Light of the Ongoing COVID-19 Disaster (Executive Order). Pursuant to the Executive Order, the Secretary of the Treasury...more

GOP Stimulus Bill Would Give Some PPP Borrowers A Second Draw And Expand Forgivable Expenditures

Senate Republicans have introduced the Health, Economic Assistance, Liability Protection and Schools (HEALS) Act, a nearly one-trillion-dollar stimulus package comprised of a package of bills that includes the Continuing...more

IRS Issues Proposed Regulations For Tax-Exempt Organizations Paying Excess Executive Compensation

The IRS issued proposed regulations under Section 4960 of the Internal Revenue Code of 1986, as amended (the “Code”), which was added as part of the Tax Cuts and Jobs Act. The proposed regulations published in the Federal...more

More Changes To The Paycheck Protection Program

In response to employer complaints that the Paycheck Protection Program (PPP) was not particularly useful to businesses (such as restaurants) that have had to remain shuttered because of the COVID-19 pandemic, Congress passed...more

Small Business Administration Issues Additional Guidance On Forgiveness Of Paycheck Protection Program Loans

The Small Business Administration (SBA) has issued guidance on the forgiveness provisions applicable to loans made under the Paycheck Protection Program (PPP) created by the CARES Act...more

Small Business Administration Issues Guidance On Forgiveness Of Paycheck Protection Program Loans

The Small Business Administration (SBA) has issued guidance on the forgiveness provisions applicable to loans made under the Paycheck Protection Program (PPP) created by the CARES Act...more

Small Business Administration (Finally) Clarifies Paycheck Protection Program Necessity Certification

Recent statements by Small Business Administration (SBA) and Treasury Department officials have confused many Paycheck Protection Program (PPP) borrowers and led many to return PPP funds or consider doing so. Finally, the SBA...more

Church Successfully Challenges SBA’s Legislation of PPP By Regulation; More To Follow?

The Small Business Administration (SBA) violated federal law by imposing conditions for loans under the Paycheck Protection Program (PPP) that were not enacted in the Coronavirus Aid, Relief, and Economic Security Act, H.R....more

SBA, Treasury Clarify Treatment Of Foreign Affiliates Under PPP Eligibility Criteria

In our post of April 4, we advised there was an ambiguity between the CARES Act and subsequent guidance issued by the Small Business Administration (SBA) on whether employees of foreign affiliates of applicants are considered...more

Too Good To Be True? Treasury, SBA Limit Benefits Of PPP Loans

Guidance issued by the Treasury Department and the Small Business Administration (SBA), the federal agency that administers the Paycheck Protection Program (PPP), demonstrates that the PPP loans, as originally thought, were...more

PPP Loan Forgiveness: Some Answers, Many Questions

Much has happened in the three-plus weeks since the Coronavirus Aid, Relief, and Economic Securities (CARES) Act was enacted on March 27, 2020. The $349 billion dollars appropriated to the newly created Paycheck Protection...more

Paycheck Protection Program Loans: Basics For Small Businesses, Sole Proprietorships

The Paycheck Protection Program (PPP), a federal loan program administered by the Small Business Administration (SBA), aims to provide funding to small businesses substantially affected by the COVID-19 public health crisis so...more

Do Employers Count Employees Of Foreign Affiliates When Determining Eligibility Under The Paycheck Protection Program?

Applicants in the Small Business Administration’s (SBA) Business Loan Programs (which include the Paycheck Protection Program (PPP)) are generally subject to the affiliation rule in 13 CFR Section 121.301, subject to certain...more

President Trump Signs Coronavirus Aid, Relief, And Economic Security Act (CARES)

CARES is expected to infuse approximately $2.2 trillion into the U.S. economy. The Act addresses a multitude of ways in which the federal government seeks to support businesses impacted by the pandemic and employees affected...more

Beginning In 2020, Employers May Reimburse Health Insurance Premiums As An Alternative To A Traditional Group Health Plan (Subject...

Many employers have contacted us over the years asking whether they may offer an “employer–payment plan” rather than offer a traditional group health insurance plan. An employer-payment plan is a type of account-based plan...more

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