News & Analysis as of

Fringe Benefits

California Employers Face Significant New Requirements - Banning The Box And Prohibiting Pay History Inquiries Among New State...

by Fisher Phillips on

California employers will soon need to adjust themselves to a new reality once again as a number of new workplace restrictions have been passed by the state legislature and just signed into law by Governor Jerry Brown. State...more

Weekly Update Newsletter - August 2017

by PilieroMazza PLLC on

SMALL BUSINESS ADMINISTRATION - “SBA Launches New HUBZONE Maps and Partners with U.S. Digital Service to Streamline and Enhance Online Services for Small Businesses” U.S. Small Business Administration Press Release, July...more

IRS Encourages Self-Assessment to Identify Fringe Benefit Errors

by Ruder Ware on

As much as I love tax law, filling out another tax form isn’t high on my list of fun things to do. So when the IRS issues a form that isn’t legally required to complete, should you? If you are an employer that provides one or...more

DOL Introduces Dual Fringe Rates for SCA

The U.S. Department of Labor (DOL) has announced its annual adjustment for the SCA Health and Welfare (H&W) Fringe Benefits rate for all wage determinations issued on or after August 1, 2017. While DOL typically adjusts this...more

SCA Contractors: Fringe Benefit Rate to Increase With Adjustment for Executive Order 13706

For those government contractors that perform work on contracts covered by the McNamara-O’Hara Service Contract Act (SCA) and are also subject to Executive Order (EO) 13706, Establishing Paid Sick Leave for Federal...more

SCORE! for the Boston Bruins – Jacobs v. Commissioner

Like Napolean recognizing that an army marches on its stomach, the owners of the Boston Bruins know a hockey team needs to be well-fed to ensure optimal performance on game day. So, when the Bruins go on the road to play...more

Effective Date of Philadelphia Wage Equity Bill Put on Hold

As you may recall, late last year we discussed a new Philadelphia law that banned private-sector employers from asking job applicants about their wage and fringe benefits history. The Wage Equity Bill, which was aimed at...more

Structuring A Parking Reimbursement Plan As A Taxable Or Tax-Free Fringe Benefit

by Dickinson Wright on

In Information Letter 2017-0007, the IRS analyzed an employer’s parking reimbursement arrangement and concluded that it was not a tax-free fringe benefit. ...more

Ohio Adopts Preemption Legislation, Blocking Local Minimum Wage Hikes and Other Local Employer Restriction Proposals

by Dickinson Wright on

On Monday, December 19, 2016, Ohio Governor John Kasich signed Senate Bill 331, which prohibits municipalities and other political subdivisions from raising the minimum wage beyond Ohio’s state minimum wage rate, currently...more

The Philadelphia Wage Equity Bill Will Ban Employers From Asking Prospective Employees About Their Past Wages and Fringe Benefits

by Littler on

On December 8, 2016, the Philadelphia City Council passed a Wage Equity Bill that prohibits employers from asking about a prospective employee’s wage and fringe benefits history. The Bill has been publicly supported by...more

Client Alert: IRS Announces Increases for Health FSAs and HSAs

by Fraser Trebilcock on

The IRS has just released its 2017 annual inflation adjustments, in which it announced that the dollar limitation under Code section 125 on voluntary employee salary reductions for contribution to health flexible spending...more

Anti-Trust Laws Can Impact HR Departments

by Cozen O'Connor on

You can add anti-trust laws to the long list of legal risks that must now be managed by corporate HR departments. According to a recent guidance document prepared by the Federal Trade Commission and the Department of Justice,...more

Changes to FLSA White Collar Exemptions Raise Questions About Service Contract Act Compliance

by Holland & Knight LLP on

The U.S. Department of Labor (DOL) rule that updates the overtime regulations for executive, administrative and professional employees (the "white collar exemptions") under the Fair Labor Standards Act (FLSA) is set to take...more

Double-Breasted Company Owners, Officers Can Be Indicted for Underpaying Benefit Contributions

by Holland & Knight LLP on

The U.S. District Court for the District of Massachusetts held in September that the shareholders and officers of a double-breasted construction company can be indicted and could go to prison if the government proves they...more

Spruce Up Survives, But a Successor's First Communication to a Predecessor's Employees is More Critical Than Ever

by Littler on

In Paragon Systems, Inc., 364 NLRB No. 75 (2016), the National Labor Relations Board declined the General Counsel’s request to overturn its 42-year-old decision in Spruce Up Corp., 209 NLRB 194, 195 (1974), enfd. per curiam...more

AZ’s Hidden Employer Wage/Hour Gift

by Sherman & Howard L.L.C. on

Much has been said about AZ Governor Ducey’s recent decision to sign into law HB 2579, which preempts local governments from enacting their own living wage or fringe benefits ordinances for private employers. But next to...more

OFCCP Issues Final Regulations on Sex Discrimination for Government Contractors

by Littler on

On June 15, 2016, the U.S. Office of Federal Contract Compliance Programs (“OFCCP”) published a final rule detailing the obligations of federal contractors to ensure nondiscrimination on the basis of sex, and to take...more

New IRS Memo Confirms Tax Treatment of Wellness Programs & Incentives

by Bryan Cave on

In a recently released IRS Chief Counsel Memo, the IRS confirmed that wellness incentives are generally taxable. The memo also, indirectly, confirmed the tax treatment of wellness programs more generally....more

DOL Issues Guidance Regarding Interaction Between Affordable Care Act And Fringe Benefit Requirements Under Service Contract,...

The Davis Bacon Act and the Davis Bacon Related Acts (collectively “DBRA”) and the Service Contract Act (“SCA”) impose additional obligations related to fringe benefits and wages on covered contractors. With the passing of...more

New Year, New Commuter Benefits for New Yorkers: FAQs on the New Law

On January 1, 2016, New York City’s Mass Transit Benefits Law, Local Law 53, went into effect, requiring employers with 20 or more full-time employees working in New York City to offer commuter benefits to those full-time...more

New York City Commuter Benefits Law (NYCCBL) Makes Changes For Employers With a Workforce On the Go (Compliance Required by July...

This month a new law requiring certain New York City employers to provide pre-tax commuter benefits to their employees went into effect. Under the law, covered New York City employers must give full-time employees the...more

IRS Provides Guidance on Retroactive Transit Benefit Adjustments for 2015

by Seyfarth Shaw LLP on

On December 18, 2015, Congress passed the Consolidated Appropriations Act, 2016 (Public Law No. 114-113) which amended the Internal Revenue Code to retroactively (and permanently) adjust the limits on qualified transportation...more

President Obama Approves the Consolidated Appropriations Act with Key Employee Benefits Provisions

The Consolidated Appropriations Act to fund the government through 2016 was passed and enacted on December 18. The law contains a number of benefits-related provisions, including a two-year delay of the 40-percent excise tax...more

Federal Agencies Issue Guidance to Business Owners: A Forecast of Enforcement Trends

by Snell & Wilmer on

Over the past few months both the IRS and the Department of Labor (DOL) have separately issued guidance emphasizing the importance of proper worker classification and some of the more common employment tax-related issues...more

Most New York City Employers Must Offer Commuter Transportation Benefits to Full-Time Employees

by Littler on

New York City’s Mass Transit Benefit Law requires that most New York City employers with at least 20 full-time employees offer such full-time employees the opportunity to use their pre-tax earnings, up to $130 per month, to...more

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