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Hospital and Fixed Indemnity Policies; Excepted Benefits; Supplemental Coverage under Recently Proposed Treasury Regulations; and Central United Life v. Burwell
August 26, 2016 | Blog
We reported in a recent post on proposed regulations dealing with, among other things, the treatment of hospital indemnity or other fixed indemnity insurance products in the group market.
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Fourth Circuit Decision Reminds Employers That Overbroad Noncompete Agreements May Not Be Enforceable
August 17, 2016 | Blog | By Alta Ray
If your company operates in a territory covered by the 4th circuit (Maryland, Virginia, West Virginia, North Carolina, and South Carolina) and requires employees to sign a noncompete agreement with language similar to the following, it may be time to consider revising the agreement
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IRS Makes Filing an 83(b) Election Easier
August 16, 2016 | Blog | By Alexander Song
On July 25, 2016, the IRS finalized regulations under Section 83 of the tax code that removes a procedural step in the process of filing an 83(b) election.
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Seventh Circuit Holds Title VII Does Not Prohibit Sexual Orientation Discrimination, But Acknowledges Inherent Flaws in Precedent Underlying its Holding
August 15, 2016 | Blog | By George Patterson
In a carefully reasoned but ultimately restrained opinion the Seventh Circuit held that Title VII does not prohibit discrimination in employment on the basis of sexual orientation.
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Corporate Divorce Series: Acqui-Hires: A Corporate Blended Family?
August 15, 2016 | Blog | By Jennifer Rubin
Blended families may be more common than organic ones these days and perhaps the same can be said about employees in corporate America. The trend may emanate in part from the “acqui-hire” approach to building a business.
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Massachusetts State Legislature Takes Action on Major Employment Reform as Legislative Session Ends
August 10, 2016 | Alert | By Julie Cox, Steven Baddour, Daniel Connelly, Parnia Zahedi, Hari Patel
In the final weeks before the end of the legislative session, the Massachusetts House and State both addressed major pieces of labor and employment legislation. However, although the legislature passed S.2119, an Act to establish pay equity, and S.2407, an Act relative to transgender anti-discrimination, much of the legislation that business leaders had been anticipating was left unfinished as lawmakers adjourned their formal session on the night of Sunday, July 31.
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Pokémon Go in the Workplace: Oh Look There’s a Pikachu!
July 20, 2016 | Blog | By Cynthia Larose, Brent Douglas
Did you know that the world is now inhabited by creatures called Pokémon? (Or maybe they’ve always been there?) Some run across the plains; others fly through the skies; and some live in the mountains….and some, yes, some, are located right in your workplace.
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California Federal Court Reminds Employers That They Must Carefully Navigate Disability Accommodation Process
July 19, 2016 | Blog | By Natalie C. Groot
The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a recent decision by a California Federal district court.
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This post continues our examination of the Department of Labor’s suite of final fiduciary and conflict of interest regulations. Our previous posts discussed the newly expanded definition of “investment advice fiduciary”; the “best interest contract” (or BIC) exemption; and the new class exemption for principal transactions.
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Innocents Abroad: Employer Considerations When Sending Employees on International Assignments or Business Travel
July 13, 2016 | Blog
I’m writing to inform you that I am being transferred to our Rio de Janeiro office next month for a twelve month assignment. It’s a bit daunting, but I am confident that the help you have provided me in establishing policies and practices will serve my interests and the interests of the company.
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The Impact of Recently Proposed Regulations on Ineligible Nonqualified Plans Under Internal Revenue Code § 457(f)
July 7, 2016 | Blog
The Treasury Department and the Internal Revenue Service recently issued comprehensive proposed regulations governing nonqualified plans subject to tax under Internal Revenue Code § 457. Code § 457 prescribes the tax rules that apply to “eligible” and “ineligible” nonqualified deferred compensation plans.
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Massachusetts House Passes Noncompete Reform
July 6, 2016 | Blog
On June 29th, the House passed H. 4434: An Act relative to the judicial enforcement of noncompetition agreements, which includes a number of provisions that have long been discussed as the necessary components of non-compete reform.
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Business Insurance: Injury Records Rule May Lead to More Citations
July 6, 2016 | Blog
My colleague Alta Ray, was quoted in a Business Insurance article entitled, Injury Records Rule May Lead to More Citations in which she provides steps for employers to avoid retaliation against employees who report workplace injuries.
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Innocents Abroad: Creating a Company’s Global Mobility & Immigration Policy
June 30, 2016 | Blog
I appreciate the guidance you have provided regarding the documents the company needs to have in place when sending an employee on an assignment abroad
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Bloomberg BNA: The Emerging Contours of the Rules Governing Wellness Programs Under (Conflicting) Federal Tax, Benefits and Employment Laws
June 17, 2016 | Blog
My colleagues Alden Bianchi and Alta Ray wrote a Bloomberg BNA Tax Management Compensation Planning Journal article entitled, The "The Emerging Contours of The Rules Concerning Wellness Programs Under (Conflicting) Federal Tax, Benefits and Employment Laws," in which they outline the development of workplace wellness programs and the regulation of these programs.
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Three California Municipalities Enact New Minimum Wage and Paid Sick Leave Laws
June 16, 2016 | Blog | By Jennifer Rubin, Brent Douglas
The trend toward local regulation of employment laws continues in California with three new local wage and hour enactments. On June 7, 2016, San Diego voters passed a ballot initiative containing two provisions for hourly workers.
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Hospital and Fixed Indemnity and Disease-Specific Policies in the Cross Hairs: Tri-Agency Proposed Rule Portends Some Disruption
June 15, 2016 | Blog
On June 10, the Departments of Treasury, Labor, and Health and Human Services (The “Departments”) issued a set of proposed regulations dealing with expatriate health plans, excepted benefits, lifetime and annual limits, and short-term, limited-duration insurance.
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The Department of Labor’s 2016 Final Fiduciary and Conflict of Interest Regulations: The Principal Transactions Exemption
June 13, 2016 | Blog | By Steve Ganis
This post continues our examination of the Department of Labor’s suite of final fiduciary and conflict of interest regulations. Our prior posts discussed the newly expanded definition of “investment advice fiduciary” and the “best interest contract” (or BIC) exemption.
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As Affordable Care Act Enforcement Looms, Some Lessons Learned From Massachusetts
June 8, 2016 | Blog | By Patricia Moran
As the ACA audit era approaches, many employers are wondering: what will happen? What sorts of documentation will the IRS request?
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Webinar: DOL's New Overtime Rule: More Than Just a Compliance Decision for Employers (CLE/SHRM Credit Available)
June 6, 2016 | Blog
Please join us on June 21st at 2:00 pm ET as we cover the new white-collar overtime rule. This one-hour webinar will offer employers more than just a summary of the rule.
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