Employment Archives - Page 29 of 104 - EMPLOYEE BENEFITS BLOG

COVID-19 FAQs: For Employee Benefits & Executive Compensation

by Erin Steele, Evan A. Belosa, Jacob Mattinson, McDermott Will & Emery, Sarah L. Engle, Brian Tiemann, Allison Wilkerson, Andrew Liazos and William R. Pomierski | Mar 26, 2020 | Employee Benefits, Employment, Executive Compensation, Health and Welfare Plans, Retirement Plans

Coronavirus (COVID-19) raises serious concerns for employers of all shapes and sizes, across all industries and in every business sector. As the impact of COVID-19 continues to grow, many employers are faced with new challenges that affect not only their businesses and their employees, but the health and welfare, retirement and executive compensation plans and programs on which those employees rely. These new issues are arising in addition to the myriad benefit plan challenges that employers face each day.

We address a number of frequently asked questions regarding health and welfare, retirement and executive compensation issues in the COVID-19 era. This includes not only questions about issues employers are currently facing, but questions about issues employers may face going forward. Given the rapidly evolving nature of the crisis, McDermott’s Employee Benefits and Executive Compensation team will periodically update these FAQs to provide you with the most up-to-date information. We will also continue to keep you informed of the latest developments and provide comprehensive insights to help you navigate these and related concerns.

Access the FAQs.

H.R. 6201: Families First Coronavirus Response Act

by Barrick Bollman and P. Kevin Connelly | Mar 24, 2020 | Employee Benefits, Employment, Health and Welfare Plans

The Families First Coronavirus Response Act (Families First) is now law and becomes effective April 2, 2020. For employers with less than 500 employees, and in certain situations for employees affected by coronavirus, Families First requires that employers provide two weeks of paid sick leave in certain situations and provide subsidized leave under the Family and Medical Leave Act. Tax credits will help to subsidize these requirements for affected employers. An outline of the legislation is provided.

Access the full article.

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.

The Accountability Pendulum Nudges Back Towards Executives

by Michael W. Peregrine | Mar 5, 2020 | Employment, Executive Compensation

Several new, highly public developments showcase prominent executives being subjected to significant financial penalties, loss of employment and reputational damage arising from allegations that they bore responsibility for corporate scandals to which they contributed, directly or indirectly.

Even though these developments are unique in their nature and scope, the sheer magnitude of the penalties asserted and the intensity of the media coverage are likely to attract significant attention in the executive community. They’ve been page-one news; people are noticing and boards may be expected to react.

McDermott’s Michael Peregrine authored an article for Forbes in which he discusses how the spotlight on individual accountability is getting a little bit brighter.

Access the full article.

Originally published on Forbes, February 2020

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.

Flirting at Job Interviews Is Common

by Maria C. Rodriguez | Feb 25, 2020 | Employment, Labor

One in five job applicants say an interviewer flirted with them during a job interview, and more than half of them flirted back, according to a survey by background-screening firm JDP. Of the 1,997 people surveyed, 58% of the women flirted back and 71% of the men reciprocated. The attraction may not have been mutual, though. Many job applicants may believe they have no choice but tao flirt back in order to land the job.

McDermott’s Maria Rodriguez contributes to a SHRM article discussing the findings of the JDP survey, including what male and female interviewees worry about most. The article also addresses how job interview flirters can and should be disciplined in the workplace.

Access the full article.

Originally published on SHRM, February 2020

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

by Erin Steele, Jacob Mattinson and McDermott Will & Emery | 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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