February 12, 2018 | Blog | By Alden Bianchi
Recently proposed Department of Labor (Department) regulations governing Association Health Plans (AHPs) would, if made final, permit small employers to be regulated under more favorable, large group rules. The proposed regulations modify the rules governing fully-insured AHPs; they do not change the way that self-funded AHPs are regulated.
February 9, 2018 | Blog | By Gauri Punjabi
The Massachusetts Supreme Judicial Court recently ruled in Mui v. Massachusetts Port Authority that payment for accrued, unused sick time is not a “wage” under the state wage act, M.G.L. c. 149, s. 148, and therefore a failure to pay for sick time upon a termination of employment is not subject to the Act’s treble damages and other remedies.
February 7, 2018 | Blog | By Natalie Young
Now that January has come to an end, and we’ve navigated compliance with our own resolutions and employment obligations (as discussed on our latest post on The Bubbler), we’re going to take a look at a few topics of legislation that are brewing on the state and local level.
February 5, 2018 | Blog | By Natalie Young
As reported by our sister blog, ADR: Advice from the Trenches, the Sixth Circuit determined that an employer's notice of its mandatory arbitration policy -- without more to secure the employee's knowing assent to this employment term -- is not enough to compel arbitration.
February 1, 2018 | Blog | By Don Davis
On January 12, 2018, the Maryland Senate joined the Maryland House in voting to override Governor Hogan’s veto of House Bill 1, the Maryland Healthy Working Families Act, which requires employers to provide paid sick and safe leave to hundreds of thousands of Maryland workers.
January 22, 2018 | Blog | By Alden Bianchi
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”).
January 22, 2018 | Blog | By Brie Kluytenaar
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.
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.
January 17, 2018 | Blog | By Don Davis
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.
January 16, 2018 | Blog | By Alden Bianchi
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.
Third Circuit Rules that Employer-Friendly “But For” Causation Standard Applies to False Claims Act Retaliation Claims
January 16, 2018 | Blog | By David Barmak, Don Davis
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.
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.
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 | By Alden Bianchi
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.
Massachusetts Division of Unemployment Assistance Issues Final Regulations Implementing the EMAC Supplemental
January 9, 2018 | Blog | By Alden Bianchi
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”).
January 9, 2018 | Blog | By Alden Bianchi
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”).
How State Legislatures May Rock the World of Employee Compensation in Response to the Recent Federal Tax Law
January 3, 2018 | Blog | By Stephen Curley
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.
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.
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