Buried under the news of tax reform and deep within an annual bulletin, the IRS has announced reduced fees for corrections made pursuant to its Voluntary Correction Program (“VCP”). However, fees will not be lower in every circumstance. The EPCRS Program Plan sponsors that make mistakes with respect to the operation or documentation of their …
Keep Rollin’ Rollin’ Rollin’: DOL Reissues 17 Opinion Letters That Had Been Withdrawn Under the Obama Administration
In late June 2017, the United States Department of Labor (DOL) announced it would be reinstating Opinion Letters issued by its Wage and Hour Division, which was a practice that had ceased back in 2010. This announcement is significant from both the procedural and substantive basis. From 2010 to July 2017, Opinion Letters were replaced by …
What to Watch for in 2018: The New Overtime Rule, Take Two
One of the most significant developments in employment law in 2017 was a federal district court in Texas declaring invalid the Obama Administration’s controversial new overtime rule that would have more than doubled the minimum salary level required to qualify for certain overtime exemptions under the FLSA. Although the business community won this battle, employers …
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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 …
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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 …
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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 …
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A Holiday Pay Q&A to Keep Employers Off the Naughty List
December is a month of heavy spending. Not only are wallets taxed for holiday gifts, but December is also a heavy month for charitable giving. With money on everyone’s brains a little more this month, the All Things HR Blog thought it might be a good time to go do a Q&A of commonly asked …
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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 …