ThomsonReuters

NOVEMBER 10, 2022

Exemptions and accommodations are provided for certain religious employers and others with sincerely held religious beliefs or moral convictions if they meet specified requirements (see our Checkpoint article ).

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105

ThomsonReuters

AUGUST 15, 2022

Colorado’s paid sick leave law, “Healthy Families and Workplaces Act” (HFWA) requires employers to provide up to 80 hours of additional paid leave during a declared PHE. However, many such provisions were COVID-19 specific and did not apply to all PHEs. San Francisco. Montgomery County.

Comps 97

Comps 97

ThomsonReuters

OCTOBER 7, 2021

This means that the privacy rule does not apply when an individual is asked about their vaccination status by a school, employer, store, restaurant, entertainment venue, or another individual. Likewise, the privacy rule does not prohibit individuals from asking other individuals (e.g.,

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Harvard Corporate Governance

FEBRUARY 7, 2023

This post is based on their Simpson Thacher memorandum and is part of the Delaware law series ; links to other posts in the series are available here. Among others, VC Laster cited Caremark itself, the equating of officer duties with director duties in Gantler v. discussed on the Forum here ) by Holger Spamann. Stephens , 965 A.2d

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211

Harvard Corporate Governance

MARCH 7, 2023

The common perception of managerial positions is that they come with more responsibility and oversight authority. The Fair Labor Standards Act §7(g) (hereafter FLSA) exempts employers from making overtime payments to employees who are “managers” and are paid a salary above a threshold.

Marketability 250

Marketability 250

Reynolds Holding

JUNE 25, 2023

The New York bill bans employers (regardless of form) from seeking or requiring a “covered individual” to enter into an agreement that prohibits or restricts the covered individual from obtaining employment following the individual’s termination of service with the employer. A court can also award injunctive relief.

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ThomsonReuters

MARCH 2, 2023

Here are highlights relevant to employer-sponsored group health plans: COVID-19 Vaccines, Testing, and Treatments. Plans may choose to cover these tests but may require cost sharing, prior authorization, or other forms of medical management. Access to Telehealth Services.

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ThomsonReuters

APRIL 14, 2022

However, when it comes to wages, can employers pay employees in cryptocurrency? Cryptocurrencies are typically not issued by any central authority. On the other hand, there is price volatility, the high energy consumption for mining activities, and the use in criminal activities. ” Can employers pay in cryptocurrency?

Fair Market Value 119

Fair Market Value Banking Start-ups Marketability 119

Appraisers Blog

MARCH 29, 2024

HUD has made numerous improper demands of Ken regarding submission of other, unrelated work. The LAW being cited merely authorizes HUD to seek VOLUNTARY cooperation. ” Perhaps that and other racially biased actions are why she has resigned. We have the ability to read though. Not even for the case involved.

Appraisal 64

Appraisal Compliance 64

ThomsonReuters

MARCH 6, 2024

Understanding the ERC It is no secret that the Employee Retention Credit has been challenging for employers who struggle to understand complex eligibility requirements and the process to claim the tax credit, and for the IRS who continues to process a large volume of claims, many of which are dubious, despite the expiration of the credit.

Marketability 52

Marketability 52

ThomsonReuters

DECEMBER 20, 2022

Next year’s notable wage base increase is significantly greater than the wage base forecast by the SSA’s Office of Chief Actuary in June 2022 and means that many employers will pay up to $818.40 Employers make deposits and file reports to the IRS to account for these taxes. more in payroll taxes in 2023.

Start-ups 59

Start-ups Finance Compliance 59

ThomsonReuters

APRIL 7, 2022

ANSWER: The Code provision authorizing qualified transportation plans indicates that the tax benefits under a qualified transportation plan are for “employees.” And unlike the rules governing some other fringe benefits (e.g., The term does not include family members or others. and XX.U (“Consequences of Noncompliance”).

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Reynolds Holding

APRIL 25, 2024

Key Takeaways The jury’s finding that the Panuwat defendant had breached his duty of trust and confidence to his employer, a public company, turned upon the wording of his employer’s insider trading policy, which prohibited trading the securities of any public company based on material non-public information.

Compliance 51

Compliance Marketability 51

ThomsonReuters

DECEMBER 6, 2023

.” “But then we got COVID-19 [and] the IRS was asked to serve as a benefits administrator as well as a tax authority,” Creech said referring to several credit provisions enacted during the pandemic, including the ERC. “Because I don’t think many business owners understand that there is risk here.”

Start-ups 105

Start-ups 105

ThomsonReuters

DECEMBER 29, 2020

The law includes a number of payroll-related provisions aimed at helping employers and workers close out 2020 and begin 2021. The FFCRA requires certain employers to provide paid leave to workers who are unable to work or telework due to circumstances related to COVID-19. trillion in omnibus spending for the 2021 fiscal year.

Start-ups 118

Start-ups Treasury Finance 118

ThomsonReuters

MARCH 15, 2023

The ERC was a credit available during the height of the COVID-19 pandemic to encourage employers to retain employees on their payroll as well as continue benefits.  Also, he clarified that the statutes of limitation relating to employment tax returns do not restart for purposes of IRS assessment when an amended return is filed.

Treasury 52

Treasury 52

Reynolds Holding

MARCH 12, 2024

Among other claims, the complaint argues that the CRA rule violates the U.S. This was not the first time that financial institutions have used the major questions doctrine to challenge a regulator’s authority. In early February, several state and national banking trade associations filed suit in U.S.

Banking 59

Banking Treasury Finance 59

ThomsonReuters

MARCH 30, 2023

2023) Available at [link] A trial court has reconsidered whether a church-affiliated hospital’s retirement plan was a church plan exempt from ERISA’s funding and other requirements, reaching a different conclusion this time. Saint Peter’s Healthcare Sys., 2023 WL 2071725 (D.N.J. Thus, the hospital’s plan was a church plan exempt from ERISA.

Compliance 52

Compliance 52

Reynolds Holding

JUNE 21, 2023

Noncompetes can be a useful tool for employers to safeguard their confidential information, trade secrets and goodwill from unfair competition by former employees. Several states have also moved to limit noncompetes in recent years, and other states could decide to follow the FTC’s lead. Wilson dissenting.

Marketability 45

Marketability Compliance Equity 45

ThomsonReuters

JANUARY 13, 2022

As background, these laws and implementing regulations (see our Checkpoint article ) generally require group health plans and insurers to cover COVID-19 diagnostic testing without cost-sharing, prior authorization, or other medical management requirements. Preferred Sellers.

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98

ThomsonReuters

NOVEMBER 11, 2021

The DOL’s best practices guidance includes other suggestions, such as reaching out to a participant’s colleagues or union and registering the individual on public or private pension registries. Additional Search Steps for Larger Account Balances. When Search Efforts Fail.

Compliance 98

Compliance 98

ThomsonReuters

NOVEMBER 20, 2020

While President Donald Trump has filed numerous lawsuits challenging the election results, we will examine how a Joe Biden presidency could have a significant impact on employers. Biden has said that he will support legislation that makes worker misclassification a substantive violation of law under all federal labor, employment and tax law.

Comps 105

Comps 105

ThomsonReuters

JUNE 28, 2023

The rule would change the current, more abbreviated and employer-friendly version of the DOL’s economic realities test, back to something representing its prior rule that would rely on several factors, which tend to favor an employee relationship. Background on DOL’s rule.  One rule to rule them all? 

Start-ups 98

Start-ups Compliance Technology 98

Farrel Fritz

JULY 24, 2023

Each shareholder’s employment agreement states that they are an at-will employee of MiniCorp, and the shareholders agreement provides that when a shareholder’s employment terminates for any reason, MiniCorp shall redeem their shares for book value. Shareholders in a close corporation owe each other fiduciary duties.

Book Value 52

Book Value 52

ThomsonReuters

MAY 27, 2021

In a dispute about life insurance benefits under an employer-sponsored ERISA plan, the Second Circuit has upheld a trial court’s use of the deferential arbitrary and capricious standard of review, ruling that the plan adequately delegated discretionary authority to the plan’s insurer. Program, 2021 WL 1748474 (2d Cir.

Compliance 52

Compliance 52

ThomsonReuters

AUGUST 16, 2023

During his remarks on the one-year anniversary of the funding provided to the IRS by legislation from last year, Commissioner Daniel Werfel indicated that the electronic filing of the form used to make adjustments and corrections to previously filed employment tax returns is coming soon. This includes employment tax returns.

Treasury 52

Treasury Compliance 52

ThomsonReuters

JULY 1, 2021

ANSWER: HIPAA’s requirements to safeguard protected health information (PHI) apply only to covered entities (health plans, health care clearinghouses, and most health care providers), not to employers acting in their capacity as employers. Due to the complexity of these laws, you should review their application with legal counsel.

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ThomsonReuters

JANUARY 30, 2023

A flurry of bills is being proposed in the payroll space — many having to do labor and employment. From difficulties filling state jobs to worker retention issues with private employers in the state. Storey noted that as public policy leaders, employers turn to state legislators for assistance. The state has two proposals.

Marketability 105

Marketability 105

ABI

JANUARY 19, 2024

The Second Circuit, however, refused to extend its contempt power on behalf of other bankruptcy courts in a nationwide class action of debtors alleging similar failures. Citigroup, the Second Circuit held Citigroup Inc. Kimberly Bruce, the plaintiff in Bruce v. 12] The Second Circuit answered in the negative. 1] Bruce v. Citigroup Inc.,

Equity 40

Equity 40

Reynolds Holding

NOVEMBER 27, 2023

The company’s board authorized the buybacks and predicated the authorization on the company’s use of trading plans that comply with the affirmative defense provided by Rule 10b5-1 under the Securities Exchange Act of 1934.

Compliance 40

Compliance 40

ThomsonReuters

MAY 20, 2021

The subsidy is available until an AEI is permitted to enroll in other group health plan coverage—including during a waiting period. But a reduction of hours or involuntary termination of employment that follows an earlier qualifying event, such as a divorce, does not make a qualified beneficiary from the first qualifying event an AEI.

Compliance 69

Compliance 69

ThomsonReuters

OCTOBER 22, 2021

Still others are hesitant to act on the mandate. Though legal challenges have been, and will likely continue to be, launched against the vaccine mandate, President Biden has the authority to direct OSHA to publish and enforce an ETS. What are the implications for joint-employer arrangements? 1) Logistical challenges.

Compliance 98

Compliance Start-ups 98

ThomsonReuters

MARCH 10, 2021

Provides that paid sick and paid family leave credits may each be increased by the employer’s share of Social Security tax (6.2%) and employer’s share of Medicare tax (1.45%) on qualified leave wages. “Applicable employment taxes” are defined as the employer’s share of Medicare or Tier 1 RRTA tax. .

Treasury 105

Treasury Start-ups Finance Marketability 105

ThomsonReuters

JUNE 3, 2021

A former employee sued the school board that had employed her and its two service providers for failing to provide a COBRA election notice upon her termination of employment. The employee claimed that she suffered unspecified damages and asked the court to impose fines, attorney’s fees, and “other relief.”

Equity 52

Equity 52

ThomsonReuters

OCTOBER 20, 2022

ANSWER: If you carefully follow a procedure authorized by the IRS in 2017, your plan could elect to have participants provide summaries instead of the source documents that substantiate their immediate and heavy financial needs. Could we instead allow participants to certify their needs electronically?

Compliance 105

Compliance 105

ThomsonReuters

JANUARY 6, 2022

The final changes reflect provisions of the Setting Every Community Up for Retirement Enhancement (SECURE) Act (see our Checkpoint article ) that are first effective for 2021 plan years and relate to filings by multiple employer plans (MEPs). Pooled Employer Plans. Only defined contribution plan MEPS must complete column four.

Compliance 52

Compliance 52

ThomsonReuters

OCTOBER 7, 2021

These latest FAQs clarify that, effective January 5, 2021, plans were required to cover without cost-sharing any COVID-19 vaccine authorized under an Emergency Use Authorization (EUA) or approved under a Biologics License Application (BLA) by the FDA immediately upon the vaccine becoming authorized or approved.

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