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
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Administrative Remedies in Discrimination Claims
By Matthew Dunning Administrative Remedies in Discrimination Claims - Matthew Dunning article Read More
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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
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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
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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
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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
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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
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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
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Who Do You Want Auditing Your Retirement Plan?
Do you have a qualified retirement plan such as a 401(k), profit sharing plan or other defined contribution plan covering your employees? If so, did you know your plan and the transactions entered into by it are subject to review by both the Internal Revenue Service (IRS) and Department of Labor (DOL)? In our experience, many plans are being operated and administered in a way that is not...Read More
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American Recovery and Reinvestment Act Includes COBRA Changes
The American Recovery and Reinvestment Act of 2009 (“ARRA”) provides for premium reductions and additional election opportunities for health benefits under the Consolidated Omnibus Budget Reconciliation Act of 1985 (“COBRA”). Eligible individuals pay only 35 percent of their COBRA premiums and the remaining 65 percent is reimbursed to the coverage provider through a tax...Read More
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