W-2 Reporting Requirements

News & Analysis as of

Quick Hits: Persuader Rules, Class Action Lawsuits, Prevailing Party, E-mail Phishing

With Opening Day of baseball season nearly upon us, it’s time again to bring back a “Quick Hits” segment to recap a few noteworthy (but not completely post-worthy) employment law items you might have missed recently....more

“Mind the (Gender Pay Equity) Gap”: The EEOC Holds Hearings on its Proposal to Require Pay Data on the EEO-1 Form

On March 16, the Equal Employment Opportunity Commission heard testimony from a variety of advocacy groups, academics and employer representatives on with regard to its proposed revisions to the EEO-1 adding W-2 pay data....more

EEOC Charges Forward with Obama Administration Equal Pay Initiative

In a step likely to create additional burdens on employers, the Equal Employment Opportunity Commission (“EEOC”) has proposed changes to employer reporting requirements that would require most employers to provide significant...more

Concerns Loom Over EEOC's Efforts to Obtain Data Targeting Discriminatory Pay Practices

Earlier this month Faegre Baker Daniels reported on the Equal Employment Opportunity Commission’s controversial proposed revisions to the Employer Information Report (EEO-1) Form which, if adopted, would require certain...more

Proposed EEO-1 Revisions Should Raise Concerns For Employers

On January 29, 2016, the EEOC publicly announced proposed revisions to the EEO-1 form that would require collecting pay data from employers required to file the EEO-1 (private employers with more than 100 employees and...more

The New EEO-1 Pay Reporting Burdens Employers

In conjunction with the seventh anniversary of the Lilly Ledbetter Fair Pay Act, the EEOC and Office of Federal Contract Compliance Programs (OFCCP) proposed employers of 100 or more employees additionally report employee pay...more

EEOC Seeks to Tackle Pay Equity With Proposed EEO-1 Pay Data Requirement

Earlier this month, seven years after President Obama's historic signing into law of the Lilly Ledbetter Fair Pay Act, the U.S. Equal Employment Opportunity Commission (EEOC) took a significant step toward enforcing the Obama...more

EEOC Seeks to Expand EEO-1 Form to Include Pay Data

The Equal Employment Opportunity Commission (EEOC) has announced plans to require employers to provide information about employee pay and hours worked as part of their annual EEO-1 reports. The EEOC’s proposal, which was...more

Employers Need 2015 Year-End Planning to Meet Employee Reporting and Withholding Requirements

To avoid tax reporting and withholding penalties as 2015 draws to a close, employers need to properly plan and check their reporting for employees under non-qualified deferred compensation, fringe benefits, health benefits or...more

Upping the Ante: Fines Increase for Failure to Comply with Affordable Care Act Reporting Requirements

The deadline for employers to comply with the Affordable Care Act (“ACA”) reporting requirements is finally here, with reporting first due in 2016. In keeping with the ACA’s historical pattern of ever-changing regulations and...more

SEC Finalizes CEO Pay-Ratio Rule with Delayed Effective Date

On Aug. 5, 2015, the Securities and Exchange Commission (SEC) adopted a final rule implementing the CEO pay-ratio disclosure requirements of Section 953(b) of the Dodd-Frank Wall Street Reform and Consumer Protection Act....more

ACA Information Reporting Penalties Have Been Increased

Code Sections 6055 and 6056 require large employers and all employers (even small employers) sponsoring self-funded health plans to file information returns with the IRS and furnish statements to applicable employees...more

Affordable Care Act Reporting Penalties Significantly Increased

On June 29, 2015, President Barack Obama signed the Trade Preferences Extension Act (the Act) into law. In addition to containing several revenue offsets, the Act significantly increased penalties for incorrect information...more

BEST IN LAW: Employers need to heed Obamacare Reporting Rules

Compliance with reporting obligations is always important for any employer, but the employer reporting requirements under the Affordable Care Act pack a significant penalty that makes compliance particularly...more

OFCCP Proposes Burdensome New Compensation Data Reporting Forms for Federal Contractors

On August 6, 2014, the Office of Federal Contract Compliance Programs (OFCCP) released a Notice of Proposed Rulemaking (NPRM) requiring federal contractors and subcontractors with 100 or more employees to submit an annual...more

Group Health Plans: Year-End Action Items and Upcoming Changes

Group health plan sponsors turn their attention to completing 2013 tasks, implementing upcoming 2014 changes, preparing for the ACA Shared Responsibility requirement in 2015, and documenting recent extensive plan changes....more

Employee Benefits Update: 2013 Year End Plan Tasks

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

The IRS Delays the Information Reporting Requirements and the Employer Shared Responsibility Penalty

On July 9, 2013, Notice 2013-45 (the "Notice") was issued to provide transition relief during 2014 from the requirements of Sections 6055, 6056 and 4980H of the Internal Revenue Code ("Code"). Code Section 6055 requires...more

IRS Issues Proposed Regulations for Employer-Shared Responsibility under ACA

On December 28, 2012, the IRS issued proposed regulations with respect to employer-shared responsibility regarding health coverage under the Affordable Care Act of 2010 (ACA). Employers are permitted to rely on these proposed...more

IRS Guidance to Implement Retroactive Increase in 2012 Mass Transit Benefit Limits—January 31 Deadline

On January 16 the Internal Revenue Service (IRS) issued guidance on the application of the retroactive increase in excludible transit benefits, as enacted under the American Taxpayer Relief Act of 2012 (ATRA). IRS Notice...more

Legal Alert: Untangling Healthcare Reform Form W-2 Reporting Requirements for PEOs

With the re-election of President Obama and the Supreme Court's recent decision upholding portions of the Affordable Care Act (the "ACA"), health care reform is here to stay for the foreseeable future. Though limited...more

End of Year Action Items – Plan Now for 2012-2013 Compliance

With year-end fast approaching, now is the time for plan sponsors to review their employee benefit plans to ensure that they have been updated for any changes in the law, that required notices have been distributed, and to...more

Benefits Update, No. 3, August 2012: Timeline Of Health Insurance Reform

As everyone knows, the Patient Protection and Affordable Care Act was upheld in a somewhat surprising Supreme Court decision last month. (For a recap of the decision see our Legal Alert on the case). Set out below is a...more

Navigating Health Care Reform: W-2 Reporting of Employer-Sponsored Group Health Coverage

Now that the Supreme Court has upheld the constitutionality of the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act (collectively, the “Act”), employers must move...more

Form W-2 Reporting for Employer-Sponsored Health Coverage: Is Your Organization Prepared?

The Patient Protection and Affordable Care Act (the “Act”) requires employers to report the cost of coverage under an employer-sponsored group health or medical plan. This requirement was optional for all employers in 2011....more

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