Empowering HR leaders with insightful content.
A qualified retirement plan paying more in distributions than a participant is entitled to occurs frequently. Common reasons for overpayments include miscalculation of benefits due to systemic error, the plan sponsor being unaware of the death of a participant for some time, or the incorrect application of the provision of a plan (e.g., the definition …
Continue reading “Recovering Retirement Plan Overpayments: Process is Key”
With summer approaching and vaccination numbers surging, the United States’ population appears more than ready to return to normalcy after over a year of COVID-19 lockdown. However, while citizens and businesses alike clamor for the economy to fully reopen, President Biden has continued to urge the states to exercise caution when lifting COVID-19 restrictions. Weighing …
Continue reading “States Relax COVID-19 Restrictions on Businesses as Summer Approaches”
Starting in 1997, the Supreme Court of Canada (“SCC”) has rendered a series of decisions that have progressed from the imposition of a duty of good faith and fair dealing on the employer, at the time of an employee’s dismissal, towards a duty of good faith and fair dealing in the overall employment relationship. In …
Continue reading “Good Faith and Fair Dealing in Canadian Employment Law”
Employers who sponsor employee benefits programs understand the importance of maintaining accurate records of benefit eligibility, elections, claims, payments, and other data. Besides complying with ERISA’s record keeping requirements, keeping accurate benefit records is simply a prudent business practice. In recognition of this, employers retain outside service providers such as consultants, third party administrators, insurers, …
The American Rescue Plan (ARP) provides $1.9 trillion dollars in economic stimulus for individuals, certain companies, and municipalities. This blog focuses specifically on what the ARP means for employers. First Coronavirus Response Act (FFCRA) As of January 1, 2021, employers who were originally covered under the FFCRA (employers with fewer than 500 employees) were no …
Continue reading “What the American Rescue Plan Means for Employers”
On March 2, 2021, Texas Governor Greg Abbott issued Executive Order (GA-34), which went into effect on March 10, 2021, lifting the mask mandate in Texas and increasing capacity of all businesses and facilities to 100%. When Governor Abbott made this announcement, nearly 5.7 million COVID-19 vaccination shots had been administered throughout Texas. Despite Governor …
After events in 2020 raised awareness of racial and social justice concerns, many organizations are seeking to move beyond obligatory MLK Day and Black History Month diversity promises to truly strengthen their Diversity, Equity and Inclusion (“DEI”) efforts, programs, and policies. For organizations ready to make real DEI progress but unsure where to start or …
Continue reading “We’re Done Checking the Box and Now Want to Make Real Diversity Progress”
Although it might not be obvious, tax law permeates most HR responsibilities – from paying an employee, to arranging for benefit coverages, to settling employment lawsuits, and paying pensions. Knowing a few key tax principles may help employers understand why things are done in a certain way, what questions to ask when discussing possible solutions …
Continue reading “Three Tax Principles that HR Professionals Should Know”
Water treatment giant Ecolab Inc. sued its former marketing manager, Preston Alexander, and his new company, One Degree Medical, alleging Alexander stole trade secrets to set up a competing business in violation of his employment agreement and state and federal trade secrets laws. In this case, both Ecolab and Alexander’s new company sell systems for …
Ohio Governor Mike DeWine has signed the employer-friendly Employment Law Uniformity Act (HB 352) (the Act) into law. The law, which will go into effect on April 12, 2021, will apply to all future discrimination claims filed on or after that date. It will align Ohio’s discrimination law with the federal standards and other state …
Continue reading “Ohio’s Employment Law Just Got a Huge Employer-Friendly Facelift”