Never has the potential peril for misclassification of individuals as independent contractors or employees as exempt been greater.
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.
Separating Fact from Fiction: Analyzing the Equal Employment for All Legislation and the Use of Credit Checks in Employment Decisions
On December 17, 2013, Elizabeth Warren (D-Mass.), along with six other senators, introduced a bill, otherwise known as the Equal Employment for All Act, that would amend the Fair Credit Reporting Act (the “FCRA”) to prohibit employers from using or obtaining consumer reports for prospective and current employees containing any information bearing on the employee’s or applicant’s creditworthiness, credit standing or credit capacity for employment purposes.
On December 21, 2013, the federal government published proposed transitional pension funding relief regulations that would temporarily relieve Canada Post Corporation from the requirement to make special payments to its defined benefit employee pension plan, as ordinarily required under the Pension Benefits Standards Act, 1985 (“PBSA”), for a period of four years.
As 2013 draws to a close, our Labor and Employment group put its collective head together to come up with our top predictions, from the cautious to the audacious, for what the new year will bring. Stay tuned in 2014 to see how we do! In the meantime, happy holidays!
Last month, an intermediate appeals court in Louisiana held that accrued and unused paid days off constituted earned wages for which compensation was due to a former employee upon separation under the Louisiana Wage Payment Act (“LWPA”).
A settlement has just been approved whereby Bank of America will pay $73 million to end a multidistrict litigation in which a class of 180,000 hourly employees accused the Company of compelling them to work off the clock.
For decades, federal courts have uniformly concluded that a plaintiff with a viable benefits claim was generally precluded from seeking “equitable relief” under ERISA.
If you’re on social media, it was hard to avoid over the weekend. She was the public relations professional who posted an offensive tweet on Friday before boarding a plane to South Africa.
A strange result in Langenberg v. Warren General Hospital, suggests you should pay close attention to the termination language in hospital-physician employment contracts.