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Reminder: New York Paid Family Leave Is Now In Effect

January 22, 2018 | Blog

Did you get your first request for paid family leave yet?  Well it’s finally here – New York State’s Paid Family Leave law finally touched down in workplaces across the state on New Year’s Day.  As of this writing, millions of New York employees are now entitled to eight weeks of paid family leave benefits and the job protection rights that come along with it.
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The Department of Labor’s Proposed Association Health Plan Regulation: Who Wins, Who Loses?

January 22, 2018 | Blog

In last week’s post we explained the changes made by a newly proposed Department of Labor regulation, the purpose of which is make it easier for small employers to band together to form “association health plans” (“AHPs”).
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No More Delays! New Disability Claims Rules to Take Effect April 2, Says DOL

January 17, 2018 | Blog | By Patricia Moran

On April 2, 2018, significant changes to ERISA’s disability claims procedures will take effect. These new rules will require all ERISA-covered plans which provide disability benefits to make significant modifications to the way disability benefit claims are reviewed and decided.
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The Bubbler: January 2018

January 17, 2018 | Blog

2017 is in the books and 2018 is now upon us.  A dramatic close to 2017 on Capitol Hill ushered in sweeping changes to the tax code that will begin to impact both employers and employees in a number of ways.
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Third Circuit Rules that Employer-Friendly “But For” Causation Standard Applies to False Claims Act Retaliation Claims

January 16, 2018 | Blog | By David Barmak

In the case of DiFiore v. CSL Behring, LLC, the Third Circuit ruled for the first time that the more demanding “but for” causation standard applies to retaliation claims under the False Claims Act (“FCA”), rejecting the lower “motivating factor” (also commonly known as the “mixed-motive”) standard.
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Massachusetts to (Again) Require Health Care Reporting by Employers

January 16, 2018 | Blog

Massachusetts employers with 6 or more employees will soon be required to prepare and file a new health care reporting form referred to as the “healthcare coverage form.” While reminiscent of the now repealed “Health Insurance Responsibility Disclosure” or “HIRD” form requirement, the new form differs significantly.
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New Year’s Resolution #5: Four Employee Benefits Resolutions for 2018!

January 11, 2018 | Blog | By Patricia Moran

Happy New Year! It’s that time when we all vow to better ourselves in the months ahead. Resolutions abound, and they need not be limited to individual self-improvement. Employers too have many opportunities for betterment in the New Year.
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The Department of Labor’s Newly Issued Association Health Plan Proposed Regulations Include Welcome Changes for Employers But Would Present State Regulatory Challenges

January 10, 2018 | Blog

On January 3, 2018, the Department of Labor issued proposed regulations that will make it easier for small employers to band together to form “association health plans” (“AHPs”), thereby providing access to more liberal underwriting and other rules governing large groups. This post provides context for, and summarizes the changes made by, these proposed regulations.
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Why the IRS May Be Unable to Assess ACA Employer Shared Responsibility Penalties for 2015

January 9, 2018 | Blog

After a long delay, the IRS has begun enforcing the Affordable Care Act’s rules governing shared employer responsibility  (a/k/a the “employer mandate”).
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Massachusetts Division of Unemployment Assistance Issues Final Regulations Implementing the EMAC Supplemental

January 9, 2018 | Blog

As we reported in a previous post, Massachusetts Governor Charlie Baker in August 2017 signed into law H. 3822, “An Act Further Regulating Employer Contributions to Health Care” (the “Act”).
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The Impact of the Tax Cuts and Jobs Act on Employee and Fringe Benefits

January 3, 2018 | Blog

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.
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How State Legislatures May Rock the World of Employee Compensation in Response to the Recent Federal Tax Law

January 3, 2018 | Blog

Prior to the effective date of the tax bill recently signed by the President,  Section 164 of the Internal Revenue Code permitted individuals who itemized deductions to deduct state and local income and other designated taxes (SALT) in calculating their Federal taxable income.
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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 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.
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New Tax Law Brings Penalties for Top Paid Non-Profit Executives

December 31, 2017 | Blog

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.
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Reminder: New York Wage Thresholds Increase on December 31, 2017

December 31, 2017 | Blog

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.
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New Year’s Resolution #4: Ringing Your Post-Employment Covenants into the New Year

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.
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#MeToo Settlements and the Tax Code Overhaul: An Attempt to Limit Confidentiality?

December 21, 2017 | Blog

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.”
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The NLRB’s General Counsel Rescinds, Revokes and Questions

December 21, 2017 | Blog | By Natalie C. Groot

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.
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New Year’s Resolution #3: New Year, New Hiring Practices – Resolve to Bid Auld Lang Syne to Outdated Job Applications

December 20, 2017 | Blog

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.
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New Year’s Resolution #2: New Year, New Leave Policies - Don’t Get Left Behind on Compliance!

December 17, 2017 | Blog

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.
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