Ver la versión en español aquí. Employers continue to receive nastygrams from the IRS threatening “Employer Shared Responsibility Payments” (ESRP). These penalties are assessed against an employer that doesn’t offer compliant, affordable group health coverage to a sufficient percentage of its employees when an employee who isn’t offered compliant, affordable coverage obtains tax-subsidized health coverage … Continue Reading
Ver la versión en español aquí A year into the pandemic, many employees have fled their home states to work remotely out-of-state. These employees have been working “remotely” in states in which their employers have no operations. So what’s the problem? State and local taxes and employment laws, of course. This blog is part one … Continue Reading
Ver la versión en español aquí Most businesses in this country (and the world, for that matter) remain hobbled as a result of the COVID-19 pandemic. (Amazon is the exception. Another notable exception is Peloton, the exercise bike maker, which is glowing in its 172% surge in total revenue, with gains in subscribers and demand … Continue Reading
On Wednesday evening, March 18th, President Trump signed into law the Families First Coronavirus Response Act (the “Act”), which, among other things, mandates paid time off for certain qualifying events. There are two primary components in terms of paid time off: (1) the Emergency Family and Medical Leave Expansion Act (“E-FMLA”); and (2) the Emergency … Continue Reading
Ver la versión en español aquí It is prime time of the year for hiring “interns.” They usually are high school, college or even graduate students looking for work experience. Certain interns may be unpaid (the analysis of whether interns must be paid is an important issue but beyond the scope of this blog post). … Continue Reading
Ver la versión en español aquí The Dave & Buster’s restaurant chain recently settled a class action lawsuit claiming it violated ERISA’s “discrimination” rules by reducing hours of various employees to cause them to lose eligibility for the company’s group health plan. After over three years of litigation in the Southern District of New York … Continue Reading
Ver la versión en español aquí It is prime time of the year for hiring “interns.” They usually are high school, college or even graduate students looking for work experience. Certain interns may be unpaid (the analysis of whether interns must be paid is an important issue but beyond the scope of this blog post). … Continue Reading
Ver la versión en español aquí As we all know, Hurricanes Harvey, Irma and Maria severely impacted parts of Texas, the southeastern United States and Puerto Rico causing billions of dollars of damage. To help victims recover, Congress, the IRS, and the Department of Labor have issued special retirement plan relief for employers and participants … Continue Reading
Ver la versión en español aquí Earlier this month, the EEOC and Orion Energy Systems settled a case pending in a Wisconsin federal court in which the EEOC alleged that the company’s wellness plan violated the Americans with Disabilities Act (ADA). This case goes back to the spring of 2009 when an employee was forced … Continue Reading
Ver la versión en español aquí SunTrust Banks learned an expensive lesson about COBRA compliance recently. It was sued for failure to send proper COBRA election notices after employees terminated employment. SunTrust’s agent for COBRA notice purposes, Xerox HR Solutions, actually sent timely COBRA notices to the former employees. But two former employees/plaintiffs claimed that … Continue Reading
Ver la versión en español aquí Applicable large employers – those with 50+ full-time employees (ALEs) – under the Affordable Care Act (ACA) must satisfy the law’s “employer mandate,” meaning that they may be assessed penalties for: Failing to offer minimum essential coverage to full-time employees and their dependents Offering eligible employer-sponsored coverage that is … Continue Reading
Ver la versión en español aquí It’s hard to turn on a TV, read the news, or walk into a social setting without hearing about the election. As we head into the full-blown campaign season, we want to remind you that federal tax law specifically prohibits political campaign activity by employers that are tax exempt … Continue Reading
Ver la versión en español aquí The final chapter of an unusual FICA tax saga recently was ordered in the form of a settlement between Henkel Corporation and a group of its retirees. Although framed as a case involving retiree benefits, the case’s application is not that narrow. Henkel sponsored a nonqualified deferred compensation (“NQDC”) … Continue Reading
Ver la versión en español aquí You just finished the torture of the RFP process for a new vendor for your benefit plan (doesn’t matter what kind of plan – 401(k), group health plan, section 125 plan, stock purchase, etc.). You carefully compiled all the information from the 100-page responses, checked the references, asked pointed … Continue Reading
Ver la versión en español aquí You’ve always treated your employees fairly, even when the relationship doesn’t work out and you have to let the employee go or when you’ve had to terminate employees due to downsizing. Often, you agree to continue the employee’s benefits for a few months during a severance period. You know … Continue Reading
Ver la versión en español aquí Earlier this year, the IRS announced that employers are permitted to allow employees to drop coverage under the employer’s fiscal year group health plan and sign up for marketplace coverage. The employer may do this based on the employee’s “reasonable representation” that he or she (and family members) have … Continue Reading
Ver la versión en español aquí Much publicized court cases in the last several weeks make us wonder whether the federal Health Care Reform law will survive. We leave the answer to that question to the U.S. Supreme Court. For now, employers should adopt the “business as usual” approach and continue to prepare for implementation … Continue Reading
It is prime time of the year for hiring “interns.” With the Affordable Care Act’s “pay or play” rules scheduled to go into full swing next year for large companies (50+ employees), employers have to know how to treat interns. The federal tax code imposes special taxes on large employers if their employees receive premium … Continue Reading
