The Office of the General Counsel (“GC”) for the National Labor Relations Board (“NLRB”) has issued new Guidance to its Regional Directors and Offices regarding employee handbook policies in response to an NLRB ruling in December, The Boeing Company, 365 NLRB No. 154. The new...
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Workers Compensation & Employment
By Kristina E. Curry On May 21, 2018, the U.S. Supreme Court upheld employment arbitration agreements which prohibit employee class and collective actions. Epic Systems Corporation v. Lewis No. 16-285, involved three consolidated cases where former employees attempted to make claims under the Fair Labor Standards...
Read MoreRead MoreUnder the Affordable Care Act, a 40% excise tax, often referred to as a “Cadillac tax”, was originally scheduled to apply for tax years beginning after 2017. This Cadillac tax was to be levied on the “excess benefit” provided to an employee by an employer-sponsored...
Read MoreRead MoreOne of my clients recently contacted my office and advised that his Company had received a Notice from IRS regarding calculation of the Employer Shared Responsibility Payment (ESRP). According to the letter, the IRS had determined that the Company was an Applicable Large Employer (as...
Read MoreRead MoreUnder IRC section 708(b)(1)(B), a “technical termination” of a partnership occurs when, within any 12-month period, there is a sale or exchange of 50% or more of the total interest in partnership capital and profits. A technical termination gives rise to a deemed contribution of...
Read MoreRead MoreOn June 5, 2017, the U.S. Supreme Court decided Advocate Health Care Network v. Stapleton, No. 16-74, resolving the question of whether church-affiliated hospitals’ employee defined-benefit pension plans qualify for the ERISA church plan exemption, despite those plans not having been originally “established” by a...
Read MoreRead MoreIn a surprising victory for employer groups and 21 states in a lawsuit filed in the U.S. District Court in Eastern District of Texas, Judge Amos Mazzant issued a nationwide preliminary injunction that effectively stopped implementation of the Department of Labor’s new overtime rule, which...
Read MoreRead MoreOn December 19, 2014, President Obama signed into law the National Defense Authorization Act of 2015. The law, for the first time, allows military members to name special needs trusts as beneficiaries of Survivor Benefit Plans (SBP). Through SBPs members of the military can elect...
Read MoreRead MoreOhio Employers may be receiving another pleasant surprise in the mail beginning around November 7, 2014. The BWC will begin to send out checks to employers as part of the “Another Billion Back” program proposed in August. Ohio employers will receive another $1 billion rebate and...
Read MoreRead MoreThe EEOC recently made its first update to its workplace pregnancy discrimination guidelines in nearly 30 years. The new guidelines expand the employment protection of women due to pregnancy, childbirth, or a medical condition related to pregnancy or childbirth and make it clear that the...
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