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Tax Benefits of Advance Planning

Estate planning strategies for founders are typically focused on saving both income taxes and estate taxes. Income tax savings can be achieved by creating and funding multiple trusts with company stock that duplicate any...more

SCOTUS ERISA Fee Litigation Update: Hughes et al. v. Northwestern University

On January 24, 2022, in a rare, unanimous 8-0 decision (Justice Barrett recused herself from the case), the Supreme Court of the United States (the “Supreme Court”) vacated a Seventh Circuit affirmation of the dismissal of...more

New York City Salary Law

On December 15, 2021, the New York City Council passed a bill requiring NYC employers to include minimum and maximum salary information in job postings for any positions located within New York City. The bill became law on...more

End of Year Update

As 2021 comes to a close, we are taking a look back at some of the major developments in New York City and New York state employment law this past year, and a look ahead as to what’s to come in the New Year. We start our...more

Take 2: OSHA Vaccine or Testing Mandate Back in Effect

After being put on hold by court orders, the Occupational Safety and Health Administration (“OSHA”) emergency temporary standard (“ETS”) mandating vaccination or weekly testing of employees of businesses with 100 or more...more

New York City Issues Guidance on Vaccine Mandate for Private Employers

On December 6, 2021, Mayor Bill de Blasio announced a COVID-19 vaccine mandate for all private employers in New York City, which goes into effect on December 27, 2021. Yesterday, the City issued additional guidance related...more

Governor Hochul Issues Mask or Vaccine Mandate to New York Businesses

In a press release issued earlier today, Governor Kathy Hochul announced that effective Monday, December 13, 2021, all indoor businesses and venues in New York State must implement either a mask or vaccine mandate applicable...more

OSHA’s COVID-19 Vaccination Mandate: What This Means for Your Workplace

On November 4, 2021, the Occupational Health and Safety Administration (“OSHA”) issued an emergency temporary standard (“ETS”) requiring all large employers to adopt a mandatory COVID-19 vaccination policy for all employees...more

New York Department of Labor Issues Guidance on Adult Use Cannabis and the Workplace

Earlier this month, the New York State Department of Labor (the “DOL”) issued guidance entitled “Adult Use Cannabis and the Workplace” (the “Guidance”) in connection with the recently-enacted Marijuana Regulation and Taxation...more

SECURE Act Update: Lifetime Income Illustrations Implementing FAQs

The Setting Every Community Up For Retirement Enhancement Act of 2019 (the “SECURE Act”) made sweeping changes to retirement plan rules. Section 203 of the SECURE Act requires that plan administrators provide participants in...more

Reminder: Notices Required For the End of COBRA Premium Assistance

The American Rescue Plan Act of 2021 (“ARPA”) made COBRA premium assistance available to certain assistance eligible individuals during the period from April 1, 2021 to September 30, 2021. ARPA also included new notice...more

IRS Publishes Detailed Guidance Relating to ARPA COBRA Premium Assistance

On May 18, 2021, the Internal Revenue Service (“IRS”) published Notice 2021-31 (the “IRS Notice”) containing detailed guidance relating to premium assistance for COBRA benefits under the American Rescue Plan Act of 2021...more

New Federal and State Guidance Regarding Vaccinated Employees

OSHA Adopts CDC Vaccine Guidance. On May 17, 2021, the federal Occupational Health and Safety Administration (“OSHA”) updated its online COVID-19 portal to announce that OSHA is revising its employer materials to reflect...more

American Rescue Plan Act: New Guidance on COBRA Premium Assistance

The American Rescue Plan Act (“ARPA”) became law in March of this year. One of the many relief provisions included in ARPA is a temporary subsidy of COBRA continuation premiums for certain individuals, summarized in our...more

IRS Guidance: COVID-19 PPE May be Eligible to be Reimbursed from Health FSAs, HRAs, and HSAs

On March 26, 2021, the Internal Revenue Service (“IRS”) published Announcement 2021-7, which notifies taxpayers that certain amounts paid for personal protective equipment (such as masks, hand sanitizer, and sanitizing wipes)...more

Employee Retention Credit Further Expanded by the American Rescue Plan Act

Eligible employers that have not claimed the employee retention credit could be leaving tens of thousands of dollars of tax benefits on the table. The stakes are even higher under the recently enacted American Rescue Plan...more

American Rescue Plan: FFCRA Leave and Expansion of Pandemic Unemployment Assistance

The American Rescue Plan Act of 2021 (“ARPA”), signed by President Biden on March 11, 2021, once again gives covered employers the right to voluntarily decide to continue to provide qualified leave under the Emergency Paid...more

American Rescue Plan Act: COBRA Premium Subsidies and Increased Limits for Dependent Care Benefits

On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (“ARPA”) which is another coronavirus stimulus package aimed at speeding up the United States’ recovery from the economic and health...more

New York Employees Now Entitled to Paid Leave for COVID-19 Vaccination

New law provides up to four hours of paid leave for vaccination: On March 12, 2021, New York Governor Andrew Cuomo signed legislation entitling New York employees to up to four hours of paid leave to receive COVID-19...more

DOL Issues Additional Guidance Regarding the Duration of Previously Announced Deadline Extensions

On February 26, 2021, the DOL issued guidance regarding the impact of that statutory limitation on the previously announced deadline extensions, in EBSA Disaster Relief Notice 2021-01. Disaster Relief Notice 2021-01, in...more

IRS Guidance on Additional Flexible Spending Account and Mid-Year Election Relief Under Cafeteria Plans in 2021 and 2020

On February 18, 2021, the IRS issued Notice 2021-15, which provides guidance with regard to a number of provisions of the temporary changes to the rules related to the operation of health and dependent care flexible spending...more

New York State Issues New Guidance Clarifying Eligibility for COVID-19 Leave

On January 20, 2021, the New York State Department of Labor issued new guidance on the State’s COVID-19 leave law, which requires that employers provide up to fourteen days of job-protected leave to eligible employees who are...more

Stimulus Legislation Allows Temporary Changes to Health and Dependent Care Flexible Spending Account Plan Rules

On December 27, 2020, the latest of several COVID-19 relief packages became law, as part of the Consolidated Appropriations Act, 2021 (the “New Law”). One of the most notable benefits-related provisions in the New Law...more

SECURE Act Update: IRS Issues Guidance with Respect to Safe Harbor Plans

On December 9, 2020, the Internal Revenue Service (“IRS”) issued Notice 2020-86 which provides guidance relating to certain changes to the safe harbor rules that apply to 401(k) plans made by the Setting Every Community Up...more

SECURE Act Update: Nondiscrimination Testing Relief Related to Frozen or Closed Defined Benefit Plans and Changes to Permissible...

As part of our series of continuing updates on different aspects of The Setting Every Community Up For Retirement Enhancement Act of 2019 (the “SECURE Act”) and related legislation that may impact (or provide opportunities...more

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