Employment Law and Benefits

Contract Issues for Medical Professionals When Considering an Employment Agreement

A medical professional (Physician, APRN, Physician Assistant, et cetera) entering into an employment arrangement is often handed an employment agreement as the first step in the process. This article includes some guidance on the process and issues that arise in the employment contracting process. Letter of Intent In many business situations, negotiating the terms of an agreement starts with a...Read More

The Continuing Complexity of the FMLA’s Return-to-Work Rules: What Employers Need to Know

The Family and Medical Leave Act (“FMLA”) is federal legislation that gives eligible employees the right to take unpaid leaves of absence, including leave for an employee’s own serious health condition.  Employees who qualify for FMLA leave may take up to twelve (12) weeks of unpaid leave during any designated 12-month period.  Upon return to work, an employee is “(A) to be restored by the...Read More

Administrative Remedies in Discrimination Claims

By Matthew Dunning Administrative Remedies in Discrimination Claims - Matthew Dunning article Read More

Family and Medical Leave Tax Credit

By Matt Dunning   Paid Family and Medical Leave Part of the Tax Cuts and Jobs Act of 2017 established a tax credit for employers that provide paid family or medical leave to its employees. The credit is not limited to leaves of absence under the Family and Medical Leave Act but can also include payments made to employees on qualifying short-term disability. What is the credit?  Employers...Read More

Next Steps for Plan Sponsors as the Fiduciary Rule on Investment Advice Takes Effect

A new “Fiduciary Rule” (“Rule”) took effect on June 9, 2017, related to investment advice provided with respect to employee benefit plans (“Plans”) subject to the Employee Retirement Income Security Act of 1974 (“ERISA”) and also to individual retirement accounts (“IRAs”). If you are a sponsor of at least one Plan — and are, therefore, a “Plan Sponsor” – it is important to consider the...Read More

Crafting Social Media & Technology Policies for Your Employees

Social media has become so engrained in people’s lives that they may not realize that they may be subject to different expectations when they enter the workplace. As a result, an employer should set clear expectations at the beginning of the employment relationship to minimize risk of future conflict or even litigation. Indeed, studies now indicate that a majority of employers have implemented...Read More

IRS Withdraws Proposed Regulations Affecting Nondiscrimination Requirements for Qualified Plans

As published in Steve Leimberg’s Employee Benefits and Retirement Planning Newsletter on April 25, 2016. Reproduced courtesy of Leimberg Information Services, Inc. (LISI) at https://www.leimbergservices.com. “The Internal Revenue Service recently announced the withdrawal of specific provisions of proposed regulations that were issued in January, 2016, related to the non-discrimination...Read More

Can a Sponsor of an Employee Benefit Plan Embrace Socially Conscious Investing?

Many investors have embraced various forms of “impact investing” in which goals other than merely maximizing the rate of return may be employed. Examples include “Environmental, Social and Governance” (ESG) investing, Socially Responsible Investing (SRI) and Economically Targeted Investing (ETI).  In each case, the investor has broader goals than pure profit. While an individual investor may...Read More

Court Holds Severance Payments Are Not Subject to FICA Taxes

A new “Fiduciary Rule” (“Rule”) took effect on June 9, 2017, related to investment advice provided with respect to employee benefit plans (“Plans”) subject to the Employee Retirement Income Security Act of 1974 (“ERISA”) and also to individual retirement accounts (“IRAs”). If you are a sponsor of at least one Plan — and are, therefore, a “Plan Sponsor” – it is important to consider the...Read More