Tax Reform: The Five Big Changes Affecting Employee Benefits

On December 22, 2017, President Trump signed H.R. 1 (formerly, the “Tax Cuts and Jobs Act” (the “Act”)) into law. While the Act was primarily focused on business tax cuts and individual tax reform, the Act includes several provisions that have implications for employee benefits and executive compensation. 1.  Compensation Deduction Limits for Publicly Traded …

Holiday Travel Advisory – Beware Changing Interpretation of “Economist” for Foreign Nationals Holding TN Status

In addition to the long lines, weather delays, expensive travel tickets, and the list of other travel headaches during the holiday season, certain foreign nationals holding Trade NAFTA (TN) status may also have to deal with increased scrutiny as to whether they remain eligible for the visa classification previously granted to them due to new …

Change of Control Agreements Can Trigger Parachute Payment Penalties

Employers often want to provide extra benefits or security to key employees amidst the uncertainty caused by a change of control.  These arrangements are often referred to as “golden parachute payments” because they help key employees land safely in a sale, merger, change in management or other corporate transaction.  Examples of change of control agreements …

The Way We Were: The NLRB’s Time Machine Resets the Clock on Employer Work Rules and Joint Employer Status

With the end of 2017 right around the corner, the National Labor Relations Board (NLRB or Board) issued a duo of pro-employer decisions that continue to chip away at and erase its jurisprudence during the Obama Administration. The first decision, Boeing Company and Society of Professional Engineering Employees in Aerospace, IFPTE Local 2001, took on …

The Year End/Holiday Celebration in the Era of Reckoning

Who doesn’t enjoy the annual company Holiday Party? Do any of these remind you of an event that you have attended? Employees, relieved of normal workplace stresses and worries, exuberantly extolling a year’s worth of hard-won achievements and desired esprit de corps; Happy workers collectively celebrating year-end bonuses and time off from work, eschewing business …

Penalties are Coming: The IRS to Begin Enforcing the Affordable Care Act’s Employer Mandate

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 …

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 …