EMPLOYEE BENEFITS BLOG
EMPLOYEE BENEFITS BLOG
Legal insights on employee benefits and executive compensation
EMPLOYEE BENEFITS BLOG
Legal insights on employee benefits and executive compensation
Employment
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The Accountability Pendulum Nudges Back Towards Executives

by | Mar 5, 2020 | ,

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



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Coronavirus Resource Center | Preparedness Planning for Businesses

by , and | Mar 4, 2020 | , , ,

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.



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Flirting at Job Interviews Is Common

by | Feb 25, 2020 | ,

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



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

by , and | Feb 20, 2020 | , ,

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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What to Know Before Enforcing a Nicotine-Free Workplace

by , and | Feb 11, 2020 | , , ,

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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Brexit Update: Effects on Employment

by and | Feb 6, 2020 |

The United Kingdom is no longer a member of the European Union and has entered into a transition period until December 31 2020, unless an extension of 1 or 2 years is agreed by July 1 2020 (the Brexit Long Stop Date).

During this transition period, the UK will continue to trade with the EU in much the same way as it did before its exit. Negotiations will take place throughout this year to determine the future permanent relationship between the UK and the EU.

The UK’s Prime Minister, Boris Johnson, has repeatedly stated that the transition period will not be extended beyond the end of this year. This is an ambitious deadline to reach a comprehensive agreement with the EU and the possibility of a “no deal” Brexit remains an event for which companies should prepare.

Against this backdrop, this update summarises the current status of the UK’s relationship with the EU and sets out some of the key legal implications associated with a “no deal” scenario for certain areas—one of which being employment, which we examine here.

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The 10 Most Significant Matters CEOs Should Know About Their Employment Contracts

by | Jan 30, 2020 | , ,

The most significant issues in any employment or severance agreement are going to be personal to that situation, and will be driven in part by special issues and circumstances. For instance, succession planning issues may be incredibly important to the organization when the CEO is 65 years old and there is no clear successor, and may be far less important when the CEO is 45 and there are very able executives ready to assume the CEO role if necessary. With that said, there are certain considerations to keep in mind for all who are drafting these contracts.

McDermott’s Ralph E. DeJong contributes to an article in The Practical Lawyer that identifies and describes what frequently are the most important considerations in an employment or severance agreement between an exempt organization and its CEOs.

Access the full article.

Originally published in The Practical Lawyer, December 2019



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Finally SECURE: Opportunities in the 2019 SECURE Act for Plan Sponsors

by , and | Jan 9, 2020 | , , ,

The SECURE Act—the most significant piece of retirement plan legislation in more than a decade—is now law. Plan sponsors should immediately start considering how changes included in the SECURE Act could impact their retirement and health and welfare plans in 2020 and beyond.

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Employment Cases to Keep an Eye on in 2020

by | Jan 2, 2020 | ,

This year, the US Supreme Court will get a chance to say whether federal civil rights law protects gay and transgender employees from discrimination, and California courts will grapple with recent changes making it harder for Golden State businesses to label workers as independent contractors. McDermott’s Michael Sheehan looked at these and other cases to watch in 2020 in a recent article for Law360.

Access the full article.

Originally published by Law360, January 2020



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