Monthly Archives: January 2012

HHS Provides Additional Guidance on Health Plan Coverage of Contraceptive Services by Nonprofit Religious Employers

by Amy Gordon and Susan Nash The Patient Protection and Affordable Care Act (PPACA) requires non-grandfathered group health plans to provide coverage for certain preventive services on a first dollar basis (i.e. without deductibles, co-payments, co-insurance or other cost-sharing).  Interim final regulations provide an exemption for a very narrow subset of religious employers with respect … Continue Reading

Acting General Counsel of the NLRB Issues Second Report on Social Media

by Heather Egan Sussman, Linda Doyle and Sabrina Dunlap On Wednesday, January 25, 2012, National Labor Relations Board (NLRB) acting General Counsel Lafe Solomon released a second report describing social media cases reviewed by his office. The report (Operations Management Memo) addresses 14 cases related to social media and employer social media policies.  Many of the … Continue Reading

Not Just a Tax Issue: Lawsuits Crop Up over IRS 162(m)

by Andrew Liazos Proxy season is now upon us, and a key task is to evaluate whether shareholder approval is needed for any executive compensation plan. One of the typical reasons to seek shareholder approval is to qualify for tax-deduction relief under Section 162(m) of the Internal Revenue Code. By and large, seeking shareholder approval … Continue Reading

HHS Proposes to Allow States to Define “Essential Health Benefits”

by Amy M. Gordon, Todd A. Solomon and Brian J. Tiemann The U.S. Department of Health and Human Services (HHS) issued a bulletin on December 16, 2011, outlining and requesting comments on its proposed regulatory approach to allow states to define what is an “essential health benefit.” To read the full article, please click here. … Continue Reading

Deadline Approaching for Filing New IRS Form 8955-SSA

by Natalie M. Nathanson, Stephen Pavlick and Adrienne Walker Porter New Internal Revenue Service (IRS) Form 8955-SSA (the Annual Registration Statement Identifying Separated Participants with Deferred Vested Benefits) replaces the Schedule SSA of the Form 5500 annual report.  Section 6057(a) of the Internal Revenue Code requires plan administrators of retirement plans subject to the vesting … Continue Reading

ISS Updates Proxy Voting Guidelines for 2012

by David A. Cifrino, Thomas P. Conaghan, Andrew C. Liazos, Anne G. Plimpton and Heidi Steele ISS has released its annual update to its proxy voting guidelines for the 2012 proxy season.  The update reflects changes in ISS’s pay-for-performance evaluation methodology, responses to say-on-pay votes and say-on-pay frequency votes and a number of social and … Continue Reading