January 3, 2018 | Blog | By Alden Bianchi
The Tax Cuts and Jobs Act makes some notable, though targeted, changes to the employee benefits landscape. We summarize some of the more significant changes in the Question and Answers set out below.
Tax Bill: New Opportunity to Defer Tax on Certain Equity Awards and Repeal of Performance-Based Exception to 162(m)
January 2, 2018 | Blog | By Jessica Catlow, Alexander Song
The Tax Bill creates a new Section 83(i) of the tax code, which allows certain employees of private companies to defer taxation on the exercise of certain stock options or the settlement of restricted stock units for up to 5 years.
December 31, 2017 | Blog | By Alison Renner
Last year New York State made significant changes to its wage orders resulting in increases to the State’s minimum wage, white collar overtime exemption salary thresholds, tip, meal and lodging credits, and uniform allowances. The latest changes go into effect on December 31, 2017.
December 31, 2017 | Blog | By Tyrone Thomas, Alden Bianchi
The “intermediate sanctions” rules under Section 4958 of the Internal Revenue Code have long governed the payment of compensation to executives of public charities. While these rules are highly prescriptive, if followed, they offer taxpayers a significant advantage in the form or a rebuttable presumption of reasonableness.
December 22, 2017 | Blog | By Jennifer Rubin
Many state legislatures spent 2017 tinkering with post-employment covenants. Given the growing trend to legislate locally and the employee mobility issues that seem to nag every employer, we thought the New Year would be a perfect time to review and revisit your post-employment covenants.
December 21, 2017 | Blog | By Don Davis
Taking note of the #MeToo movement, Congress included a new provision in the tax code overhaul bill -- Section 13307 – which is titled “Denial of Deduction for Settlements Subject to Nondisclosure Agreements Paid in Connection with Sexual Harassment or Sexual Abuse.”
December 21, 2017 | Blog | By Natalie Young
On December 1, 2017, two weeks after being sworn in, NLRB General Counsel Peter Robb issued his first GC Memorandum. When the General Counsel’s office changes hands from one party to the other, some disruption is expected.
New Year’s Resolution #3: New Year, New Hiring Practices – Resolve to Bid Auld Lang Syne to Outdated Job Applications
December 20, 2017 | Blog | By Don Davis
This past year, a growing number of states and municipalities banished the Ghost of Christmas Past from haunting job applicants. As a result, employers in those jurisdictions must resolve now to bid auld lang syne to asking applicants about their salary and criminal histories.
December 17, 2017 | Blog | By Brie Kluytenaar
As we count down to the fast-approaching New Year, one of the most significant changes taking place for employers in New York is the implementation of the New York Paid Family Leave law, which takes effect on January 1, 2018.
December 13, 2017 | Blog | By Alden Bianchi
In a November 20, 2017 post, we reported on Massachusetts’ passage of H. 3822, “An Act Further Regulating Employer Contributions to Health Care,” (the “Act”), the purpose of which is to shore up the finances of the Commonwealth’s Medicaid program and its Children’s Health Insurance Program (CHIP). The law has two components or tiers.
December 1, 2017 | Blog | By Don Davis
As we enter the holiday season, we gather around the bubbler to sing about a few of our favorite (and not so favorite) things in the world of employment and labor law. Unfortunately, they’re not as sanguine as raindrops on roses or whiskers on kittens…
December 1, 2017 | Blog | By Natalie Young
In a November 21, 2017 NBC News feature story, Mintz Benefits attorney Alden Bianchi discusses the new health plans that claim to be lower-cost alternatives.
An Employer’s Resolutions for the New Year – A Mini-Series from the Employment Matters Blog. Resolution #1: Don’t let your Workplace be the Next Headline: Review and Refresh your Non-Harassment Policies and Training.
November 29, 2017 | Blog | By Jennifer Rubin
Welcome (almost) to the New Year: a time of renewal, a fresh start, a clean slate, and a time to make and hopefully keep resolutions. A “New Year’s Resolution” is, of course, a commitment in the coming year to change an undesired trait or behavior, to accomplish a goal or otherwise make a material improvement.
November 22, 2017 | Blog | By Emma Follansbee
Employers beware. A recent case serves as a reminder as we wind down the calendar year that employers should closely review their policies and procedures applying to employees paid on a 100% commission or draw basis.
November 21, 2017 | Blog | By Natalie Young
As reported by our sister blog, Privacy and Security Matters, the European Union’s General Data Protection Regulation (GDPR) is a game changer, and it is likely to impact US based companies who do business in the EU, even if they don't have a office or employees located there.
Proposed Regulations Issued Implementing Massachusetts Employer Medical Assistance Contribution (EMAC) Supplemental Contribution
November 20, 2017 | Blog | By Alden Bianchi
In an earlier post, we reported on the passage of H. 3822, “An Act Further Regulating Employer Contributions to Health Care,” (the “Act”), the purpose of which is to shore up the finances of the Commonwealth’s Medicaid program and its Children’s Health Insurance Program (CHIP). The law, which is a temporary measure, has two components or tiers.
November 13, 2017 | Blog | By Patricia Moran
Tis the season . . . for ERISA disclosure requirements, of course! Between open enrollment and the calendar year end, the list of documents, notices and updates required under ERISA looms large and annoying.
November 8, 2017 | Blog | By Don Davis
On November 1, 2017 the Equal Employment Opportunity Commission (EEOC) launched its new public portal to allow individuals to quickly and directly submit inquiries and requests for intake interviews to the EEOC. Will online access to the EEOC’s intake and inquiry process lead to an increase in discrimination charges?
California “Ban-the-Box” Law Significantly Limits Employers’ Ability to Obtain and Use Information About Criminal Convictions in Recruiting and Hiring
November 8, 2017 | Blog | By Paul Huston
Just six months after California modified its regulations concerning past criminal convictions for applicants, California has taken the additional step of modifying the Fair Employment and Housing Act (“FEHA”) to expressly prohibit employers from inquiring about an applicant’s criminal history prior to a conditional offer of employment.
The Law of Unintended Consequences: The Biometric Information Privacy Act and the Effects of the Illinois Class Action Epidemic on Employers
November 7, 2017 | Blog | By Brie Kluytenaar
Over on our sister blog, Privacy and Security Matters, Cynthia Larose has just published an article that will be of interest to any employer using or considering using biometric identifiers such as fingerprints, facial recognition, or retina scans in connection with employee identification, access and security protocols.
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