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The Affordable Care Act—Countdown to Compliance for Employers, Week 51: Speculating about Code Section 4980H Transitional Relief

January 6, 2014 | Blog

The Affordable Care Act is a massive law that affects a large swath of the U.S. economy. Providers, payers, carriers, individuals, and, yes, employers, are affected, each in different, and in many cases overlapping, ways.
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Will New Jersey Go “Ban the Box” and Beyond? New Jersey Takes Step to Prohibit Employers From Asking About a Job Applicant’s Criminal History

December 31, 2013 | Blog

Recently, in a 6-3 vote, New Jersey’s Assembly Labor Committee advanced a bill (A-3837), known as the Opportunity to Compete Act, that would prohibit New Jersey employers with 15 or more employees from asking candidates about their criminal history on employment applications, and from conducting criminal background checks on applicants prior to a conditional job offer.
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The New, New (EPCRS Voluntary Correction) Thing: 457(b) Plans

December 30, 2013 | Blog

Plan sponsors of tax-qualified and other retirement arrangements can now submit corrections for qualification failures, both voluntary and on audit, through the IRS’s Employee Plans Compliance Resolution System.
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WARN Liability: Who’s in Control?

December 24, 2013 | Blog

Last month, we wrote about Young v. Fortis Plastics, where an Indiana District Court found that a private equity firm could be on the hook for the WARN Act liabilities of one of its portfolio companies under the “single employer” doctrine.
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More IRS Guidance on Cafeteria Plan, FSA, DCAP and HSA Administration Post-Windsor

December 23, 2013 | Blog

In Notice 2014-1, the IRS has provided additional guidance for cafeteria plans (including health and dependent care flexible spending accounts) and Health Savings Accounts on compliance with the changes to treatment of same-sex married couples following the Supreme Court’s Windsor decision.
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Five Employment-Related Privacy Issues We Are Tracking in 2014

December 20, 2013 | Blog

As use of social media and other technologies continue to raise serious employment-related privacy issues in the workplace, expect to see a flurry of activity in 2014 from federal and state legislatures, administrative bodies, and courthouses throughout the country addressing those issues.
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Thinking of Imposing a Nationwide Non-Compete on Individuals Who Never Had Any Personal Contact With Your Clients? One Indiana Court Says Think Again.

December 18, 2013 | Blog

In today’s increasingly competitive world, employers understandably have a need to protect their business interests by requiring employees to enter into non-competition agreements that restrict their employees’ ability to engage in anti-competitive practices after their employment ends.
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Spiked Egg Nog and the Human Response: Avoiding Holiday Party Mishaps

December 12, 2013 | Blog

Like festive lights and bow-wrapped luxury cars, ‘tis the season for horror stories from company holiday parties. Office holiday parties are a cherished tradition and a nice way for companies to thank their employees for a job well done.
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25 YEARS AFTER THE SHARK: SUPREME COURT RULING ON THE NCAA CASTS A SHADOW ON CURRENT INVESTIGATIONS

December 12, 2013 | Blog

Before John Calipari, Rick Pitino and other presently successful college basketball coaches, there was the “Shark”. Jerry “Tark the Shark” Tarkanian held an impressive run as the Men’s Basketball Coach at the University of Nevada at Las Vegas (UNLV) in the 80s and early 90s.
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‘Tis The Season for Massachusetts’ Temporary Employees

December 11, 2013 | Blog

The holiday shopping season is known for its long lines, steep sales and mall traffic jams, but it also prompts retailers and other businesses to hire a wave of temporary, seasonal employees to increase staffing levels during the busiest time of the year.
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Covenant, Shmovenant? Ten-Year Nationwide Non-Compete in Asset Purchase Agreement Forms the Basis for Tortious Interference With Contract Claim

December 4, 2013 | Blog

Once again we are reminded that covenants not to compete given in connection with the sale of a business are an entirely different species from the employment kind.
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The “Relocation Costs” Reimbursement Arrangement: A Section 409A Trap for the Unwary.

December 4, 2013 | Blog

When an employer requires an employee to move his or her primary residence to work, or continue working, for the employer, oftentimes the employer, as an inducement for the employee to accept the offer employment or continue employment, will agree to pay for some or all of the employee’s “relocation costs.”
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New York Federal District Court Endorses Use of Fluctuating Workweek Overtime Payment Method Where Employer Pays Performance-Based Bonuses to Non-Exempt Salaried Employees

December 3, 2013 | Blog

True story: the other day I was speaking with a friend in the HR realm and I asked him whether he was familiar with the fluctuating workweek. He jokingly answered: “does that have anything to do with my weight gain during the holiday season?”
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New York Federal Court Does and Doesn’t Address Contours of Employer Liability under the Federal and New York State WARN Acts

November 27, 2013 | Blog

Under the federal WARN Act, and its more expansive counterpart, the New York State WARN Act, a sufficiently-sized employer must (absent limited exceptions) provide workers with a head’s up that the employer might shut down its operations or layoff a sizeable portion of the workforce.
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Passive Leads Not Protected – New York Federal Court Rejects Enforcement of Non-Compete

November 26, 2013 | Blog

It is a story familiar to many companies. Company hires employee into a managerial position exposing the employee to its confidential and trade secret information.
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Taking Stock of Non-Competition Agreements – Assets to Consider When Purchasing a Company

November 25, 2013 | Blog

When a company evaluates a potential acquisition target, employment agreements and non-competition agreements might not top the list of assets and liabilities it considers.
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Associational Discrimination Claims under Massachusetts Law Require More than Just Association

November 22, 2013 | Blog

“Associational discrimination” refers to a claim that a plaintiff, though not a member of a protected class, was still subjected to some type of adverse action because of his or her association with a member of a protected class.
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Bill to Ban Pregnancy Discrimination Unanimously Passed by New Jersey Senate

November 22, 2013 | Blog

Similar to recent legislation passed in New York City, the New Jersey Senate unanimously passed a bill on Monday that would explicitly prohibit employment discrimination based on pregnancy, childbirth, or medical conditions related to pregnancy or childbirth, including recovery from childbirth.
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Treasury Department/IRS Issue Guidance Instructing Employers on How To Make Claims for FICA Refunds or Credits Post-Windsor

November 22, 2013 | Blog

Our colleague, Alden Bianchi, discusses recently-issued Treasury/IRS guidance regarding the impact of the Supreme Court's Windsor decision on claims for FICA refunds or credits here.
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Want to reduce or suspend safe harbor 401(k) employer contributions mid-year? IRS final regulations provide a new way.

November 20, 2013 | Blog

Last Friday, the IRS provided guidance on ways for employers to reduce or eliminate the employer contribution to a safe harbor 401(k) plan mid-year, guidance which employers looking to enhance their bottom lines will welcome with open arms.
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