Sherman & Howard L.L.C.

New Proposed 457 Regulations May Impact Deferred Compensation Arrangements Maintained by Tax-Exempt and Governmental Employers

On June 21, 2016, concurrent with its issuance of proposed regulations under Code section 409A, the IRS also issued proposed regulations under Code section 457, which address deferred compensation arrangements covering employees…more
| Business Organizations, Labor & Employment Law, Nonprofit Law, Taxation

OSHA Delays Effective Date of New Anti-Retaliation Rule

OSHA has announced that it will delay the implementation of its new anti-retaliation rule from August 10 to November 1, 2016, in order “to conduct additional outreach and provide educational materials and guidance for…more
| Labor & Employment Law

Employee Benefits Advisory: New Proposed 457 Regulations May Impact Deferred Compensation Arrangements Maintained by Tax-Exempt and Governmental Employers

On June 21, 2016, concurrent with its issuance of proposed regulations under Code section 409A, the IRS also issued proposed regulations under Code section 457, which address deferred compensation arrangements covering employees…more
| Finance & Banking, Labor & Employment Law, Taxation

FAA Published Final Drone Regulations

On June 28, 2016, the FAA published its final Rule for Operation and Certification of Small Unmanned Aircraft Systems (“SUAS Rule”). The SUAS Rule will take effect August 29, 2016, and applies to the use of drones for business…more
| Transportation

En Garde “User Employers”

The NLRB has reversed course on another issue significantly affecting employer relationships – not just relationships with employees, but also relationships with employee leasing companies. In Miller & Anderson, Inc., 364 NLRB…more
| Labor & Employment Law

Employee Benefits Advisory: ACA Forms 1095-C – June 2016 IRS Webinar Underscores Importance of Corrections

Clients often have questions about errors discovered during or after the filing of forms required by the IRS for purposes of complying with the pay or play mandate under the Affordable Care Act (ACA). In its recent June 14, 2016…more
| Labor & Employment Law

One Less Mandatory Affirmation

Effective August 10, 2016, Colorado will no longer require employers to prepare an affirmation certifying the employer checked the identity and authorization to work of each new hire. Colorado House Bill 16-1114, a bi-partisan…more
| Immigration Law, Labor & Employment Law

OSHA Update: OSHA Fines Set to Increase 78% August 1, 2016

As we mentioned previously, Congress has allowed federal agencies, including OSHA, to increase their penalty structures in order to keep up with inflation. OSHA recently has announced that it will do just that. Effective August…more
| Labor & Employment Law

Employee Benefits Advisory: New Proposed 409A Regulations May Impact Nonqualified Deferred Compensation Arrangements

On June 21, 2016, the IRS issued proposed 409A regulations intended to (a) clarify certain provisions of the final 409A regulations that were published in 2008, (b) withdraw and replace provisions in those earlier regulations…more
| Finance & Banking, Labor & Employment Law, Taxation

Texas Keeps Messin’ With EEOC

Yesterday the Fifth Circuit benchslapped the EEOC in a case involving the agency’s criminal history “guidance.” State of Texas v. EEOC, No. 14-10949 (5th Cir. June 27, 2016). We previously blogged about the State of Texas’…more
| Civil Procedure, Civil Rights, Labor & Employment Law

Enforcing Persuader Rule Enjoined

The U.S. District Court for the Northern District of Texas has enjoined the Department of Labor from enforcing its new Persuader Rule. In the Persuader Rule, the DOL reversed its position on when attorneys who provide “advice”…more
| Civil Procedure, Labor & Employment Law

SCOTUS Gives Fed Contractors Mixed Bag

Last week the U.S. Supreme Court issued an opinion that refines and re-defines liability for contractors accused of defrauding the Federal Government under the False Claims Act (“FCA”) in Universal Health Services, Inc. v. U.S. …more
| Business Torts, Civil Procedure, Government Contracting, Health

Dol Fumbles…Scotus Punts

On June 20, 2016, the U.S. Supreme Court issued its latest decision (read, “non-decision”) in Encino Motorcars, LLC v. Navarro. The case involves a decades-old question of whether auto dealership “service advisors” are exempt…more
| Labor & Employment Law

New Sex Discrimination Regs Published

Today the U.S. Department of Labor’s Office of Federal Contract Compliance Programs published its final rule to update its Sex Discrimination Guidelines, expressing its intent to bring the outdated 1970 guidance in line with…more
| Civil Rights, Government Contracting, Labor & Employment Law

Latest NLRB Power-Grab Benchslapped

In another setback for the NLRB, a federal appeals court ruled recently that the NLRB lacks the authority to impose adverse attorneys’ fees awards against employers in Board proceedings. HTH Corporation v. NLRB The case…more
| Civil Remedies, Labor & Employment Law
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