Employee Benefits Archives | Page 61 of 153

Justices Poised to Reshape Employer Religious Bias Issues

by Sarah Schanz | Mar 19, 2020 | Benefit Controversies, Employee Benefits, Employment

Ecclesiastes 3:1 states: “For everything there is a season, a time for every activity under heaven.” Now is apparently the time for religious issues in employment law. In its current term, the US Supreme Court could hear three cases concerning religion under Title VII. Therefore, it is a good time for a refresher on these recurring issues.

McDermott’s Sarah Schanz authors an article for Law360 discussing the recurring issues we’re seeing, including the questions of what amounts to undue hardship and who qualifies as a minister to invoke the ministerial exception.

Access the full article.

Originally published on Law360, February 2020

2019 Global Employment Law Year in Review

by Brian S. Cousin, Dana L. Sanders, Lindsay Ditlow, Mark Meredith, Michael J. Sheehan and Richard I. Scharlat | Mar 17, 2020 | Employee Benefits, Employment, Health and Welfare Plans, Labor

We are proud to introduce the first annual McDermott Global Employment Law Year in Review: 2019. The purpose of this publication is to provide you with concise summaries of many of the laws and court decisions from 2019 that significantly impact employers and employees all over the world.

Many of the updates presented in this publication describe changes in the law that are well known to lawyers and Human Resource professionals from those countries. Others are less well known. Regardless, our aim is to provide you and your colleagues with a useful reference guide to significant changes in employment law all over the world. Furthermore, we hope this guide—and similar specially designed products we create for our clients—will serve as a tool to assist multi-national businesses in their ongoing struggle to maintain a consistent global corporate culture amidst an ever-changing landscape of local employment laws.

Access the full report.

Coronavirus National Emergency Declaration Permits Employers to Offer Tax-Favored Financial Assistance to Employees

by Erika Mayshar and Robert C. Louthian, III | Mar 16, 2020 | Employee Benefits, Employment, Health and Welfare Plans

On March 13, 2020, President Trump declared a national emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (the “Declaration”) due to extraordinary circumstances resulting from Coronavirus. This Declaration opens up new methods for employers to provide tax-favored financial assistance to employees who are affected, directly or indirectly, by the virus.

Access the full article.

HSA Eligibility Not Disrupted by COVID-19 (Novel Coronavirus) Testing and Treatment

by Jacob Mattinson | Mar 12, 2020 | Employee Benefits, Employment, Health and Welfare Plans

A new IRS notice will allow individuals to receive testing and care for COVID-19 without jeopardizing their ability to contribute to a health savings account (HSA). The IRS issued the notice due to the public health threat posed by COVID-19, and the stated need to eliminate potential administrative and financial barriers to testing for and treatment of COVID-19.

Access the full article.

Coronavirus Resource Center | Preparedness Planning for Businesses

by Lindsay Ditlow, Michael J. Sheehan and Michelle S. Strowhiro | Mar 4, 2020 | Employee Benefits, Employment, Health and Welfare Plans, Labor

In our global economy, Coronavirus (COVID-19) raises serious concerns for employers in all industries. Workers may be on the front lines caring for patients and developing vaccines, travelling for business, or in close contact with individuals who travel or may have been affected. At this time, there is no vaccine or medication approved to prevent or treat the COVID-19 disease. Therefore, preparedness and prevention are crucial. Frontline responders must be especially vigilant as they deliver care and anticipate the challenges this uncharted territory presents.

McDermott’s Coronavirus Resource Center, brought to you by a multi-disciplinary team, will keep you informed of the latest developments and provide comprehensive insight to help you navigate this crisis with your employees, including:

Frequently asked questions for US and multi-national employers
Recent news updates
Podcasts
Upcoming events

Access the resource center.

SCOTUS Holds Proof of ‘Actual Knowledge’ Required Under ERISA Statute of Limitations

by Richard J. Pearl | Mar 3, 2020 | Benefit Controversies, Employee Benefits, Fiduciary and Investment Issues, Retirement Plans

The US Supreme Court handed workers a big win by preserving a six-year deadline to file ERISA class actions as the standard, but employers have already seized on language in Justice Samuel Alito’s opinion as a road map for how to impose a shorter deadline.

Justice Alito ended the unanimous opinion—which affirmed the Ninth Circuit’s ruling that ERISA grants workers six years to sue except under special circumstances—by listing several tactics employers can use to invoke a three-year statute of limitations.

McDermott’s Richard Pearl contributes to a Law360 article discussing the decision, including how employers should respond.

Access the full article.

Originally published on Law360, February 2020

See Richard Pearl’s January 2019 On the Subject on this case: Ninth Circuit Clarifies ‘Actual Knowledge’ for ERISA’s Statute of Limitations

Investor Guidelines for Shared Value Creation in Employee Ownership Transitions Unveiled

by Ted Becker | Feb 27, 2020 | Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues

One of the big questions for the employee ownership field is, why has the number of US employee-owned firms failed to grow significantly over the last couple of decades?

An upcoming paper from Fifty by Fifty proposes that the barrier to growth is a lack of agency. Employees don’t have the knowledge, skills or capital to pursue a buyout of their employer; and employers, knowing little about the benefits of selling to employees, are more likely to respond to an opportunity that knocks on their door, such as an offer from a private equity firm or a strategic buyer. McDermott’s Ted Becker and Erin Turley share their thoughts on the guidelines in a recent article published on Medium.

Access the full article.

Originally published on Fifty by Fifty, January 29, 2020

Summary of Commuter Benefit Laws (Current as of Feb. 3, 2020)

by Erin Steele, Jacob Mattinson and McDermott Will & Schulte | Feb 20, 2020 | Employee Benefits, Employment, Health and Welfare Plans

An increasing number of jurisdictions around the country, including parts of California, New Jersey and Washington, DC, are mandating that employers provide commuter benefit programs that allow employees to pay for commuting costs on a pre-tax basis. While the requirements are similar across most jurisdictions, there are specific rules for which employees are covered under the different laws and other key distinctions. When budgeting and developing these programs, employers should be mindful of the different conditions under state and local law to ensure that commuter benefits meet all applicable requirements.

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Up, Up and Away: 2020 Increased Penalties for Employee Benefit Plans

by Alan D. Nesburg, PC and Diane Morgenthaler | Feb 13, 2020 | Employee Benefits, Health and Welfare Plans, Retirement Plans

For 2020, legislation enacted in December of 2019 dramatically increases penalties imposed by the Internal Revenue Code (the Code) for late filing of certain employee benefit plan notices and reports. In addition, a final rule published by the Department of Labor (DOL) makes inflation adjustments to a wide range of penalties. Learn the penalty amounts that apply beginning in 2020.

Access the full article.

What to Know Before Enforcing a Nicotine-Free Workplace

by Aaron P. Sayers, Erin Steele and Jacob Mattinson | Feb 11, 2020 | Employee Benefits, Employment, Health and Welfare Plans, Labor

Certain employers might prefer to avoid hiring nicotine users: smokers, dippers and vapers alike. U-Haul International Inc. is doing so, with a policy that went into effect on February 1. Thus, this is an opportune moment to examine why employers might consider doing likewise, the legal ramifications of such policies and the alternatives for encouraging healthier workforces.

McDermott’s Jacob M. Mattinson, Aaron Sayers and Erin Steele contribute to a Law360 article exploring the practical and legal considerations related to a workplace nicotine ban, the impact on healthcare costs, whether employers can use health plan information to fire nicotine users once hired, and how other employers are addressing the costs of nicotine usage in their workforces.

Access the full article.

Originally published on Law360, January 2020

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