Employment Archives - Page 46 of 104 - EMPLOYEE BENEFITS BLOG

Vote Today! McDermott’s Employee Benefits Blog Nominated for Best Legal Blog

by McDermott Will & Emery | Oct 9, 2015 | Employment, Labor

Recognized for outstanding contributions in the category of Labor and Employment, McDermott’s Employee Benefits Blog has been selected from more than 2,000 nominees to be one of only 250 blogs chosen to compete in The Expert Institute’s Best Legal Blog Contest. The blog’s editors, Diane Morgenthaler and Maureen O’Brien, welcome your support in voting. The voting polls close today and the process is very simple.

Vote here.
*To ensure that your vote is properly counted, we encourage you to vote from your personal computer or mobile device.

Ruling on UK Executive’s Lawsuit Involving U.S.-Based Stock Option Plan

by Katie Clark | Oct 8, 2015 | Employee Benefits, Employee Stock Ownership Plans (ESOPs), Employment

The English Court of Appeals ruled that UK court has jurisdiction over UK executive’s lawsuit involving a U.S.-based stock option plan, despite the stock option plan’s clear language requiring Massachusetts choice of law and jurisdiction. Multinational companies sponsoring broad-based employee plans should be on notice that non-EU exclusive jurisdiction clauses may not be enforceable against EU-based employees.

Read the full article.

Further Guidance on the ACA’s Cadillac Tax

by McDermott Will & Emery | Oct 6, 2015 | Benefit Controversies, Employee Benefits, Employment, Health and Welfare Plans

Effective for tax years beginning on or after January 1, 2018, an excise tax of 40 percent will be imposed on the cost of employer-sponsored health coverage that exceeds an annual limit. This tax is informally known as the “Cadillac Tax” and will impose a penalty on employers, health insurers and “persons who administer plan benefits” with regard to high-cost health care coverage.

Read the full article.

Seventh Circuit Continues to Apply Federal Successor Liability Doctrine to Multiemployer Pension Plan Withdrawal Liability

by Alan D. Nesburg, PC and McDermott Will & Emery | Oct 2, 2015 | Employee Benefits, Employment, Health and Welfare Plans, Retirement Plans

The U.S. Court of Appeals for the Seventh Circuit recently addressed the notice requirement of the federal successor liability doctrine where withdrawal from a multiemployer pension plan occurred after a sale of assets.

Read the full article.

Massive Terminations: A 2015 Key Issue for China Labor

by John Z.L. Huang | Sep 29, 2015 | Employee Benefits, Employment, Labor

“Massive terminations” occur in China when an employer terminates more than 20 employees or more than 10 percent of its total employees at one time. Even though there are no official statistics on massive terminations of employees in China, recent news reports indicates an increase based on overseas investment leaving China. This article provides an overview of some of the common characteristics of massive terminations and of the issues companies with Chinese employees should consider in implementing a massive termination.

Read the full China Law Alert.

Seventh Circuit Finds that State Insurance Law Applies, Resulting in De Novo Review of Benefit Claim

by Jacob Mattinson, Michael T. Graham and Todd Solomon | Sep 24, 2015 | Benefit Controversies, Employee Benefits, Employment, Retirement Plans

On September 4, 2015, the U.S. Court of Appeals for the Seventh Circuit ruled in Fontaine v. Metropolitan Life Insurance Company that the Employee Retirement Income Security Act of 1974, as amended (ERISA), does not preempt an Illinois state insurance regulation that prohibits discretionary authority clauses in health and disability plan insurance policies. The Seventh Circuit upheld the ruling of the U.S. District Court for the Northern District of Illinois, which decided that the Illinois regulation was not subject to preemption under precedent set forth in prior decisions by the Supreme Court of the United States.

Read the full article.

Germany Enacts Law on Mandatory Quota for Women in Business

by Bettina Holzberger and Dr. Sandra Urban-Crell | Sep 22, 2015 | Employment, Labor

On 6 March 2015, the German Bundestag passes a law (the Frauenquote) that aims to ensure the equal participation of women and men in the management of business and public office. The Frauenquote entered into force on 1 May 2015. The new regulation, although commonly referred to as a “women’s quota” is legally constructed to ensure that both genders are represented by as many individuals as necessary to meet the mandatory statutory minimum quota.

For more about the mandatory quota including the main effects, obligations and sanctions for infringements, read the full article in International News: Focus on Private Equity.

Expert Q&A on Same-sex Partner Benefits After the US Supreme Court’s Obergefell Decision

by Jacob Mattinson and Todd Solomon | Sep 17, 2015 | Employee Benefits, Employment

In June 2015, the US Supreme Court ruled in Obergefell v. Hodges that same-sex couples may exercise the right to marry in all states and that states may not refuse to recognize a lawful same-sex marriage performed in another state based on the marriage’s same-sex character. Practical Law asked McDermott lawyers Todd Solomon and Jacob Mattinson to discuss the implications of the Obergefell ruling for employers.

Read the full article.

EEOC Proposed Rules Provide Long-Awaited Guidance for Wellness Programs

by McDermott Will & Emery | Sep 15, 2015 | Employment, Health and Welfare Plans

Susan M. Nash wrote this bylined article about the Equal Employment Opportunity Commission’s (EEOC) long-awaited guidance on when it will enforce the Americans with Disabilities Act (ADA) against employers who sponsor certain types of employee wellness programs. “Although still in proposed form, the proposed rule provides insight into EEOC’s approach toward regulating employer wellness programs,” Ms. Nash wrote.

Read the full article in Corporate Wellness Magazine.

Digital Due Diligence: Uncovering Violations in China

by Anthony A. Bongiorno | Sep 10, 2015 | Employment, Privacy and Data Security

China’s current compliance challenges are a continuous source of concern for multi-national companies operating in China. When conducting internal investigations, China has strong privacy protections for its employees. Overstepping legal limits can lead to a variety of issues, from inadmissibility of evidence to tort actions, to criminal penalties in extreme cases.

For more about the multiplicity of issues and how to correctly conduct internal investigations and digital due diligence in China, read the full article in International New: Focus on Private Equity.

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