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Employers Beware: McDonald’s Memorandum Suggests That the NLRB Intends to Loosen the Standard for When Legally Separate Entities...

In late July, the General Counsel of the National Labor Relations Board (the “NLRB” or “Board”) issued a memorandum in a group of cases against operators of several McDonald’s franchises. The memorandum is significant...more

Claims of Branding, Acquisition and Control Satisfy Single-Employer Test

The Worker Adjustment and Retraining Notification Act (WARN Act) was enacted in 1988 to allow workers to adjust to the prospective loss of employment from a plant closing or mass layoff. It requires employers to give affected...more

Retirement Plan Professionals That Plan Sponsors Should Avoid

In the Nelson Algren novel, A Walk on The Wild Side, there are 3 important rules of life to follow: “Never play cards with a man called Doc. Never eat at a place called Mom’s. Never sleep with a woman whose troubles are worse...more

Activism and Engagement: Yadda, Yadda, Yadda or a Useful tool (or a Little of Both)

Activism is on the rise and everyone's activism defense playbook includes engagement, engagement and more engagement as the principal response. The experts in the field are well versed in when to engage, who to engage...more

401(k) Pros That Financial Advisors Should Partner Up With

Starsky had Hutch, Cagney had Lacey, Fred had Ginger, Bogie had Bacall, Bonnie had Clyde, Bert had Ernie, Baskin had Robbins, and Sheriff Bart had the Waco Kid. Whether it’s law enforcement, entertainment, or any type of...more

Proactive Steps Retirement Plan Sponsors Should Take

Retirement plan sponsors have a lot of headaches and liability because of their role as plan fiduciaries. They can sit back and do nothing, thereby increasing their potential liability. They can also be proactive and take...more

Protecting Your Employees (And Your Company's Image) Online

The best and most effective way an employer can combat social media-focused harassment is through education and training on what behavior the company will and will not find acceptable....more

The Monsters of the Digital Age

Like the beasts of Tolkien’s imagination, digital trolls skulk around the internet shrouded in anonymity, unprovoked yet fiercely attacking the unwary. These trolls are individuals who use anonymous screen names to post...more

You Might Have a Problem With Your Retirement Plan When…

There are so many situations when you know you have a problem like when you forget to shut off the stove before you left home or when your lock your keys in the car with the engine running or you forget to pick your child up...more

LLP Members and Pensions Auto-Enrolment: An Update

The UK Supreme Court ruled in May 2014, in Clyde & Co LLP and another v Bates van Winkelhof, that members of Limited Liability Partnerships (LLPs) are to be treated as “workers” and therefore are covered by the protections...more

The Small Things that Create the Biggest Problems for 401(k) Plan Sponsors

“For Want of a Nail” is a proverbial rhyme that shows that the smallest of action can have huge consequences later down the line, just like a snowball effect “For want of a nail the shoe was lost. For want of a shoe the horse...more

10 Ways Your Personnel Policies Are Exposing Your Company to Legal Risk (And What to Do About It)

Your company’s personnel policies set expectations and standards for your employees, and can be used as a key defense tool in litigation. Accordingly, it is important to conduct regular audits of these policies to ensure they...more

Secretary of the Commonwealth Issues Notice of Three Proposed Constitutional Amendments

WE, the people of Pennsylvania, have been governed by five different iterations of the state constitution since December 12, 1787, the day of our statehood. Each of those versions is the product of a state constitutional...more

Mistakes that 401(k) Plan Sponsors Should Avoid, But Do Anyway

The Surgeon General’s report on smoking was released almost 50 years ago and people still smoke cigarettes. We know the effects of cholesterol, heart disease, and the calorie count at many fast food restaurants, yet their...more

Opening a Law Practice? Pay Attention to Tax Issues

You’ve decided to open your own law office and are ready for your clients’ cases, but are you also ready to handle the tax issues that go hand-in-hand with running your own business?...more

How 401(k) Financial Advisors Can Breakthrough to the “Next Level”

I have been a New York Mets fan for over 30 years and despite all the jokes, there were certainly some good times (especially in 1986). From 1977-1983, the Mets were going through many of their dark ages. They traded Tom...more

Equity Compensation Alphabet Soup – ISO, NSO, RSA, RSU and more

Startups and public companies alike often use equity to help attract, retain and incentivize talented employees and other service providers. The different forms of awards have proliferated in the past several years, though,...more

How Plan Sponsors Can “Reboot” and Improve Their 401(k) Plan

In movies and television, a reboot is a mechanism to discard all previous continuity in a series and start anew with fresh ideas. So all established fictive history is irrelevant to the new storyline, and the series is...more

The Future of Premium Subsidies under the Affordable Care Act: 'Halbig v. Burwell' and 'King v. Burwell'

Both decisions addressed whether tax credits are available for residents in states that have federally-facilitated health exchanges. The District of Columbia Court of Appeals said “no”; the Fourth Circuit Court of Appeals...more

How Big Is Halbig? The Viability of the ACA’s Employer Mandate Hangs in the Balance

For employers with employees in the 36 states with a federally facilitated exchange, the question arises how the Halbig decision impacts their decision and strategy to provide health coverage to their employees when the...more

5 Key Employment Law Challenges for In-House Counsel

5 employment law challenges that in-house counsel will face in the coming year and how to get out ahead of them....more

Act Now Advisory: Japanese Parent Company May Be Liable for Employment Decisions of Its US Subsidiary

The US Court of Appeals for the Second Circuit recently decided a case that should be taken into consideration when Japanese (and other foreign-based) companies determine the level of active involvement that their parent...more

Plan Sponsor Should Avoid These Retirement Plan Provider “Con Games”

The George Clooney-Brad Pitt trilogy of heist films known as Ocean’s Eleven, Ocean’s Twelve, and Ocean’s Thirteen were remembered for their twist endings, stylish pacing, and lightheartedness. Since the Ocean gang were...more

10 Popular Reads at the Intersection of Social Media & the Law

A recap of well-read updates at the intersection of social media and the law, covering the first half of July on JD Supra....more

Plan Sponsors Should Avoid Using Their Payroll Provider as Their 401(k) TPA

I stick to what I know, so I venture very little outside the retirement plan space. I do that because I believe it is less likely to cause trouble. The two largest payroll providers don’t follow that philosophy -- they are...more

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