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Employee Benefits Corporate Counsel

Parker Poe Adams & Bernstein LLP

Restricting Remote Work Interfered With Employee's FMLA Rights

The Family and Medical Leave Act does not require employers to allow qualified employees to work remotely. While such requests may fall under the Americans with Disabilities Act’s reasonable accommodation obligation, the FMLA...more

Proskauer - Employee Benefits & Executive...

DOL Updates Guidance on Pension and Health & Welfare Plan Cybersecurity Best Practices

In 2021, the U.S. Department of Labor (DOL) issued 3 documents outlining guidance on cybersecurity practices for benefits plans, which we discussed in a blog post at the time. The DOL recently issued revised versions of the...more

Littler

UK: The King’s Speech and What it Means for Employment Law

Littler on

On July 17, 2024, King Charles delivered the King's Speech, which sets the Government’s legislative agenda for the next Parliamentary Session. In this, the new Labour Government announced an ambitious agenda with some 40...more

Spilman Thomas & Battle, PLLC

FMLA Doesn’t Allow an Employee to Nap on the Job – Does It?!

The Family and Medical Leave Act (FMLA) – a federal law that provides 12 weeks of unpaid leave to employees for their own serious health condition or a family member’s serious health condition – can present tricky situations...more

Verrill

A Primer on COBRA Continuation Coverage for Health Care Flexible Spending Accounts

Verrill on

It is a common practice for employers to offer employees a health care flexible spending account (“Health FSA”) option under a cafeteria plan. However, employers (and their COBRA administrators) may not be aware that Health...more

Nossaman LLP

Relying on Loper, Fifth Circuit Sends Chevron-based decision Back to District Court, calling ESG Rule into Question

Nossaman LLP on

On July 18, the U.S. Court of Appeals for the Fifth Circuit (“Fifth Circuit”) vacated a decision by the U.S. District Court for the Northern District of Texas (“District Court”) that upheld the U.S. Department of Labor’s...more

BakerHostetler

Sunshine State Update: New Florida Law Forbids Local Employment Regulation in Three Areas

BakerHostetler on

House Bill 433 – effective July 1, 2024 – strips local Florida governments of their power to regulate employers in three important areas. First, the new law preempts local governments from creating heat exposure regulations. ...more

Poyner Spruill LLP

Eleventh Circuit Limits Scope of Parental Leave for Birth of Child Under FMLA

Poyner Spruill LLP on

The Family and Medical Leave Act provides leave and job protection to eligible employees who need to be absent from work “because of the birth of a son or daughter of the employee and in order to care for such son or...more

Fisher Phillips

Uber and Lyft Settlement Provides New Precedent for the Gig Economy and Major Benefits for Massachusetts Drivers: Key Employer...

Fisher Phillips on

Uber and Lyft just reached a $175 million settlement with Massachusetts state prosecutors that permits their drivers to stay classified as independent contractors – not employees – but entitles the drivers to significant...more

Littler

July is Still the New January! Littler’s Workplace Policy Institute’s Mid-Year Legislative Report

Littler on

Hot off the press – here is Littler’s mid-year report!  As federal regulators, states and cities continue to pass new workplace regulations through the calendar year, we summarize each state’s notable labor and employment law...more

Littler

IRS Issues FAQs on Educational Assistance Programs

Littler on

The IRS has issued a new fact sheet (FS-2024-22) to address frequently asked questions about educational assistance programs (EAPs), also known as Section 127 plans....more

Robinson+Cole Manufacturing Law Blog

Legal Update: Connecticut Paid Sick Leave Law Gets Major Overhaul: Who's Covered, What Qualifies, and More

On May 21, 2024, Connecticut Governor Ned Lamont signed legislation expanding Connecticut’s Paid Sick Leave law beginning January 1, 2025. The new legislation expands the scope of employers covered by the law, increases the...more

Fisher Phillips

Appeals Court Hands Victory to Transgender Employee Seeking Health Benefits: Key Takeaways and 3 Steps Employers Can Take Now

Fisher Phillips on

A federal appeals court recently held that an employer’s health insurance plan wrongly excluded coverage for gender-affirming care in violation of federal civil rights law – offering a warning to employers across the country...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Second Circuit Casts Doubt on Overly Restrictive Arbitration Clauses in ERISA Plans

Employers in New York, Connecticut and Vermont should revisit their employee benefit plan documents if they believe that any of their plans may have an arbitration clause for the resolution of Employee Retirement Income...more

Fisher Phillips

Finally Some Answers for Employers: Illinois Clarifies 5 Key Points on New Paid Leave Law

Fisher Phillips on

Illinois employers now have some long-awaited answers to key questions about a paid leave law that took effect earlier this year. Specifically, the Illinois Department of Labor published final regulations on April 30...more

Fox Rothschild LLP

Stock Options are Not Wages Under the California Labor Code

Fox Rothschild LLP on

In a win for California employers, the California Court of Appeal held that stock options are not wages. A stock option is a contractual right to buy company stock at a certain price regardless of whether the stock price...more

McDermott Will & Emery

April 2024: UK Employment Law Changes Take Effect

Now that spring has sprung, early April 2024 sees the introduction of a number of important changes to employment laws in the UK. In summary, these include: - Expansion of the existing right to request flexible working -...more

Groom Law Group, Chartered

IRS Grants Administrative Delay for Mandatory Roth Catch-Ups

Beginning January 1, 2024, plan sponsors were going to have to provide mandatory Roth catch-up contributions for certain employees. This mandatory Rothification of catch-up contributions comes by way of Section 603 of...more

Conn Maciel Carey LLP

Game Changer for Pension Withdrawal Liability: Seventh Circuit Orders Return of Withdrawal Liability Payments

Conn Maciel Carey LLP on

Last Friday, a three-judge panel of the United States Court of Appeals for the Seventh Circuit reversed a district court’s decision upholding an arbitration award requiring an employer to pay more than $2.3 million in...more

Fisher Phillips

Governor Signs Sweeping Changes to Untangle Oregon’s Jumbled Leave Laws: Key Takeaways and a 5-Step Action Plan for Employers

Fisher Phillips on

Governor Kotek signed a bill into law today harmonizing Oregon’s overlapping and confusing set of leave laws. The new framework distinguishes different types of leave events under the state’s various laws and stops those...more

Fisher Phillips

California Finally Clarifies Key Paid Sick Leave Discrepancy for Part-Time Employees

Fisher Phillips on

California employers recently got some welcome news when state regulators clarified the method by which you should apply new paid sick leave benefits to part-time employees. Without much fanfare or public announcement, the...more

ArentFox Schiff

Airline 401k Decision Illustrates Continued Takeoff of ESG Litigation

ArentFox Schiff on

A Texas federal judge recently permitted an environmental, social, and governance- (ESG) related Employee Retirement Income Security Act (ERISA) case filed by an airline pilot against his employer and its benefits plan to...more

Littler

UK: New Regulations Will Extend Current Redundancy Protections for Individuals Who Are Pregnant or on Maternity, Adoption, or...

Littler on

Currently, employees in the UK on statutory maternity, adoption or shared parental leave who are at risk of redundancy have priority rights to be offered a suitable alternative vacancy (but only where such a vacancy exists). ...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

2024 Compliance Guide for Employers in Mexico

A wide range of employment-related laws will be implemented or updated in Mexico in 2024, including a revision of the list of occupational diseases and permanent disabilities, an increase in the minimum wage, and an update to...more

Morgan Lewis

The ESG Investing Debate: 2023 Year-end Updates

Morgan Lewis on

Environmental, social, and governance (ESG) investing has been subject to increased US state and federal regulation over the last several years, and 2023 continued that status quo. As of January 1, 2024, 20 states have...more

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