The IRS has taken actions indicating that the employer mandate penalties under the Affordable Care Act are about to be enforced. Employers should expect to begin receiving letters from the IRS indicating penalties are due for the 2015 year in the coming weeks. There are a few things that employers can do to be prepared …
Minimizing the Risk of Costly 401(k) and 403(b) Investment Fund and Fee Lawsuits
As employers who sponsor 401(k) and 403(b) retirement plans prepare their 2017 year-end and 2018 “to do” lists, they should be sure to include a review of their processes for selecting and monitoring the investment funds they make available for plan participant investment and the fees their plans pay to record keepers and other service …
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Employment Verification and the Ever Changing Landscape of TPS: What Should Employers Do?
How should or can employers who know they employ Temporary Protected Status (or TPS) workers prepare for elimination of TPS for nationals of certain countries? Elimination of TPS may affect employment authorization for new employment or for re-verification of employees with expiring employment authorization documents (EADs). Examples are the recently announced termination of TPS for …
The Devil is In the Details: The Importance of Sound Non-Compete and Confidentiality Agreements
By: Autumn L. Gentry Though it may mean a few frantic days and maybe more than one sleepless night, most companies can manage the loss of a key employee relatively well. However, the thought of a key employee going to work for a competitor and calling on the employee’s old contacts to divert business away …
RECORDING WORKPLACE CONVERSATIONS IN CANADA VERSUS THE UNITED STATES
By Eric Kay and Sara Jodka There has been a recent trend whereby one party to a workplace conversation secretly records it and then attempts to use it as evidence against the other party. Typically, but not always, the recording party is the employee. The law in Canada allows one party to a conversation to …
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Worksite Enforcement Under the Trump Administration – What to Expect
The Immigration Reform and Control Act of 1986 (“IRCA”) put the burden of verifying that new hires are authorized to work in the United States squarely on the shoulders of United States employers. Since IRCA was enacted on November 6, 1986, United States employers have been required to accurately complete and retain an I‑9 Employment …
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The IRS Announces Updated Limitations Related to Employer Plans; 401(k) Contribution Limit Increases to $18,500 for 2018
The Internal Revenue Service (“IRS”) announced cost of living adjustments affecting dollar limitations for employer plans for tax year 2018. The IRS issued technical guidance detailing these items in Notice 2017-64, in addition to previous guidance in Rev. Proc. 2017-37 and Rev. Proc. 2017-58. Many of the limitations will change because the increase in the …
Retirement Plan Fiduciaries Can Save Money and Time by Paying Attention to the Details
Individuals responsible for the administration of a 401(k) retirement plan know that details, such as a participant’s date of hire or the number of hours worked, are important when determining an employee’s plan entry date. A lawsuit recently filed by the Department of Labor is a reminder that plan fiduciaries should also be paying attention …
Why Employers Should Avoid One-Size-Fits-All Handbooks
Every business is different and has different workplace issues and concerns that need to be addressed by the employee handbook. Because each workplace is so different, employee handbooks should be specifically tailored to address specific workplace concerns and issues, and also take into account federal, state, and local laws that govern that particular workplace. Application …
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Avoid Title VII Pitfalls in Parental Leave Benefits – Offer the Same Parental Leave to Male and Female Employees
Many companies offer parental leave benefits above and beyond the 12 unpaid weeks required by the FMLA. However, well-meaning employers can run afoul of federal anti-discrimination laws by providing different parental leave benefits to fathers and mothers. Title VII bans employment discrimination on the basis of sex. 42 U.S.C.A. § 2000e-2. But recently there has …