Is an Honor Vacation Policy Right for My Company?
Affordable Care Act Delays - What it Really Means for Employers
The Affordable Care Act: The Structure of Health Plans – Interview with Alden Bianchi, Member, Mintz Levin
Bill on Bankruptcy: Lawyers Must Disclose What Clients Pay
Corporate Law Report: Global HR, Textual Harassment, Working Interviews, and Other Workplace Issues
Both chambers of the Illinois General Assembly adopted the Conference Committee Report to Senate Bill 1 on December 3, 2013. The bill provides comprehensive pension reform for four state retirement systems – the Teachers’...more
The Canada Revenue Agency’s (CRA) Registered Plans Directorate (RPD) recently made two announcements that plan sponsors and administrators should be aware of: (i) a project to assess the compliance of DB plans; and (ii) a...more
Top 10 Topics for Directors in 2014 -
U.S. public companies face a host of challenges as they enter 2014. Here is our list of hot topics for the boardroom in the coming year:
1. Oversee strategic planning amid...more
When it comes to year-end planning, what's the one thing most small business owners don't do but should?
That's the question we put to attorneys writing on JD Supra, knowing that the diversity of insights would make...more
Yesterday Hawaii adopted the Hawaii Marriage Equity Act of 2013 recognizing same sex marriages as of December 2, 2013 and permitting persons in civil unions in Hawaii to apply to be married without first requiring dissolution...more
The movie Seven taught me that the seven deadly sins are wrath, greed, sloth, pride, lust, envy, and gluttony. It also taught me not to open up any boxes delivered by a truck in any desolate place. Seriously, there are many...more
Here is a brief update to our September 24, 2013 alert, which addressed the administration of employee benefits as well as federal income taxes and FMLA leave following this summer’s ruling by the U.S. Supreme Court in United...more
On November 12, the United States State Supreme Court denied cert in ACS Recovery Services, Inc., v. Griffin 723 F.3d 518 (5th Cir. 2013), preserving a 5th Circuit Court ruling which closed the door on another means of...more
On November 8, 2013, the Departments of Treasury, Labor, and Health and Human Services (collectively, the "Departments") jointly issued final regulations under the Mental Health Parity and Addiction Equity Act of 2008 (the...more
Why a Plan Review Shouldn't Be Treated Like a Trip to the Dentist.
Why it should and needs to be less painful than a trip to the dentist.
When it comes to their health, people dread going to the dentist. I dread...more
As a business owner, all year you have likely been running around acting as manager, capital raiser, developer, business generator, marketer, human resource manager and administrative assistant. Given the numerous roles, it...more
Employment-at-will offers American employers broad freedom to cut their staff’s terms and conditions of employment, work hours, employee benefits—even compensation, bonuses, commissions and base pay. Indeed, American bosses...more
The Internal Revenue Code provides for various dollar limitations on benefits, contributions, and compensation for tax-qualified employee benefit plans. Recently, the Internal Revenue Service announced cost of living...more
In this issue:
- Consequences of the Failure of a Secured Creditor to File a Timely Proof of Claim
- Private Equity Funds Potentially Liable for Portfolio Company’s Unfunded Pension Liability
A snippet from my forthcoming Kindle e-book, “How to Succeed in the 401(k) Plan Business (and 401(k)’d: A Life)”:
I always say that the main reason that I don’t want to have employees is because I was an employee once...more
In Adams v. General Motors Company (Case No. 12-2084), the Sixth Circuit rejected an ineligible retiree’s claim for reinstatement of erroneous benefit payments under her former employer’s pension plan. The retiree received...more
What language is needed in the ERISA plan to confer discretion?
The bar was just raised in the 4th Circuit.
Here’s the case of Cosey v. Prudential Insurance Company of America, [PDF] __F.3d__ (November 12,...more
It is now just over a year since the first employers reached their automatic enrolment staging dates and therefore many of the practical issues that arise for employers when implementing the reforms are now...more
The issue of who may be a proper defendant in an ERISA claim for benefits has not received consistent treatment in the courts. On the one hand, a federal district court in Minnesota recently concluded that a third party...more
As 2013 comes to an end, we are considering a number of issues that employers might be facing at the end of the year. Our year-end blog series will cover issues such as seasonal hiring, religious discrimination claims...more
Workers’ compensation is a state-mandated program intended to provide speedy medical benefits and other benefits to workers injured on the job. Benefits are obtained through insurance policies paid for by employers in...more
A federal court in New York appears to have issued the first published decision addressing alleged violations of the enhanced benefit claim procedures arising out of the Affordable Care Act (ACA). The new procedures contain...more
Some cafeteria plans already contain optional grace period provisions that modify the strict “use it or lose it” rules for Health Flexible Spending Accounts (“Health FSA” or “FSA”). These grace period provisions permit FSA...more
As we approach the end of the year, employers and plan sponsors of qualified retirement plans and health and welfare plans should take time to meet various upcoming deadlines. Failure to comply with the deadlines may result...more
In July, the government announced a one year postponement of the requirement for large employers to offer healthcare coverage to their full-time employees or risk paying a penalty. However, some of the transition rules that...more