Employment Archives | Page 40 of 105 | EMPLOYEE BENEFITS BLOG

Protecting Against SEC Whistleblower Enforcement Actions: Employment and Severance Agreements

by Evan A. Belosa, Fredric D. Firestone, Jeremy White and Thomas P. Conaghan | Jan 5, 2017 | Employment, Privacy and Data Security

Large fines have recently been imposed against public companies due to using confidentiality provisions that violate whistleblower provisions under federal securities law. Many standard confidentiality clauses in employment agreements, severance agreements, release agreements, non-compete agreements and other employment related agreements will violate these whistleblower provisions. Recently, the Office of Compliance Inspections and Examinations at the US Securities and Exchange Commission announced that it is actively reviewing these agreements to determine if there are possible securities law violations.

This webinar will address the whistleblower provisions relevant to employment related agreements, the recent SEC enforcement actions, the compliance issues raised by typical confidentiality clauses and actions for employers to consider for existing and future employment related agreements.

On-demand presentation link available here.

MP4 downloadable link available here.

Understanding the Federal Court Injunction against the DOL’s Revised Overtime Rule and Determining What to Do Next

by McDermott Will & Schulte | Nov 29, 2016 | Employee Benefits, Employment, Labor

A federal district court judge in Texas issued an order granting a temporary injunction late Tuesday against the Department of Labor’s new overtime exemption rule that was scheduled to take effect December 1. This article contains some practical tips on what employers should do next.

Read the full article.

UK Employment Alert: Uber Drivers Uber Happy

by Anthony A. Bongiorno, Katie Clark and Paul McGrath | Nov 17, 2016 | Benefit Controversies, Employment, Labor

As you may have seen from the extensive press coverage, the UK Employment Tribunal has delivered its much anticipated judgment in Aslam and Farrar v Uber. The case was about whether Uber drivers are self-employed contractors, or are “workers” with rights to minimum wage, statutory holidays, sick pay and breaks, amongst other workers’ rights.

Read the full article.

Payroll Get Ready — Employers Face New January 31st Filing Deadline for W-2 and 1099-MISC Forms

by Jeffrey Holdvogt and Ruth Wimer | Nov 10, 2016 | Employment

Beginning with W-2 forms filed with respect to 2016 wages, a new law requires employers to file the government copy by January 31, 2017, for both paper and electronic copies. The accelerated deadline also applies to 1099-MISC forms for independent contractors.

Read the full article.

An Overview of the New Section 457(f) Regulations

by Joseph K. Urwitz and Ralph E. DeJong | Nov 3, 2016 | Benefit Controversies, Employee Benefits, Employment, Executive Compensation

On June 22, 2016, the Internal Revenue Service (IRS) issued proposed regulations under Section 457(f) of the Internal Revenue Code of 1986, as amended (Code). These long-awaited regulations were first previewed in IRS Notice 2007-62. In that Notice, the IRS announced its intention to issue proposed regulations that would harmonize the rules for deferred compensation plans of tax-exempt organizations (and state and local governments) under Section 457(f) with the then-new special rules for all deferred compensation arrangements under Section 409A. After nine years, the proposed regulations now issued address three principal issues, although with some unexpected changes and opportunities.

Read the full article here.

IRS Restates EPCRS Correction Methods and Procedures

by McDermott Will & Emery | Nov 1, 2016 | Employee Benefits, Employment, Retirement Plans

The Internal Revenue Service recently issued Revenue Procedure 2016-51, a new version of the Employee Plans Compliance Resolution System (EPCRS) to consolidate and update its prior guidance regarding how to correct of errors in qualified retirement plans. The new version of the EPCRS program also reflects changes that the IRS has made to its determination letter process.

Read the full article here.

IRS Announces Employee Benefit Plan Limits for 2017

by Diane Morgenthaler, Jeffrey Holdvogt and Jacob Mattinson | Oct 28, 2016 | Employment, Health and Welfare Plans, Retirement Plans

The Internal Revenue Service recently announced the cost-of-living adjustments to the applicable dollar limits for various employer-sponsored retirement and welfare plans for 2017. Although some of the dollar limits currently in effect for 2016 will change, the majority of the limits will remain unchanged for 2017.

Read the full article here.

DOJ, FTC Issue Antitrust Guidance to Human Resources Professionals

by McDermott Will & Emery, Stefan M. Meisner and Stephen Wu | Oct 27, 2016 | Employment, Executive Compensation

On October 20, 2016, the United States Department of Justice Antitrust Division (DOJ) and Federal Trade Commission (FTC) issued joint Antitrust Guidance to Human Resource (HR) Professionals (the Guidance) involved in hiring and compensation decisions. The agencies issued the guidance to educate HR professionals about how the antitrust laws apply in the employment context.

Read the full article here.

Wellness Incentive Programs: Navigating Legal Landmines and Designing Effective Employee Communication Strategies

by McDermott Will & Emery | Oct 18, 2016 | Employee Benefits, Employment, Health and Welfare Plans

This year’s Employer Healthcare & Benefits Congress featured a presentation by Susan Nash that addressed the many shapes and sizes of wellness programs today. Programs are typically designed to promote health and to educate employees about prevention, but some are disease management oriented, while others are designed to improve the general overall health of an employee population.

Presentation focal points included:

HIPAA Nondiscrimination Rules
Tri-Agency Guidance under ACA on Wellness Programs
Americans with Disabilities Act and GINA
EEOC Enforcement of ADA and Final Regulations
Internal Revenue Code Limitations

View presentation slides.

Exploring LGBT Discrimination in the Workplace

by Todd Solomon | Oct 4, 2016 | Benefit Controversies, Employee Benefits, Employment

The effects of same-sex marriage on employee benefits, companies’ actions to prevent employee discrimination and an evolving focus on benefits with special implications for diverse employees continue to be hot topics in today’s workplace.

View presentation slides.

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