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HTMLNew IRS Guidance May Require Amendments to Section 125 (“Cafeteria”) Plans
Christina M. Crockett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 2, 2014, previously published on October 30, 2014
Many employers permit employees to pay for employer-sponsored health coverage, on a pre-tax basis, under Internal Revenue Code section 125 (“cafeteria”) plans. These plans generally require employees to make an irrevocable election to participate before the beginning of the health...

 

HTMLOFCCP Self-ID and Equal Pay Tool Updates
Leigh M. Nason; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 2, 2014, previously published on November 3, 2014
Effective October 27, 2014, a new reporting form for veterans, the VETS 4212 Form, will replace the VETS-100A and VETS-100 Forms. The VETS 4212, which covered federal contractors and subcontractors will need to start using in September 2015, does not require contractors to report specific...

 

HTMLThe Massachusetts Commission Against Discrimination Provides Tips for Employers
Diane M. Saunders; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 2, 2014, previously published on November 5, 2014
On October 23, 2014, the Boston office hosted Commissioner Sunila Thomas-George, Commissioner Charlotte Golar Richie, and General Counsel Constance McGrane of the Massachusetts Commission Against Discrimination (MCAD) at its semi-annual Breakfast Briefing. The MCAD commissioners and general counsel...

 

HTMLFAQs on Compliance With the Federal Tip Credit
Elizabeth S. Washko; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 2, 2014, previously published on November 3, 2014
Many employers in the hospitality industry employ individuals who receive customer tips or gratuities in the ordinary course of their work day. These tips may serve as an offset against an employer’s minimum wage obligations under the federal Fair Labor Standards Act (FLSA)—but only if...

 

HTMLNLRB Finally Finds Facebook Activity That It Doesn’t “Like”
James C. Pennington; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 2, 2014, previously published on October 30, 2014
The National Labor Relations Board (NLRB) finally found a Facebook conversation it couldn’t bring itself to “Like.” In Richmond District Neighborhood Center, Case 20-CA-091748 (October 28, 2014), the NLRB held that a Facebook conversation between two employees was so egregious...

 

HTMLMassachusetts Voters Approve Paid Sick Leave Measure
Mark H. Burak; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 2, 2014, previously published on November 5, 2014
On November 4, 2014, Massachusetts voters approved by a decisive margin (approximately 60 percent in favor) a new measure requiring employers to provide sick leave to all employees (with certain limited exceptions regarding federal or municipal employers). The new law further provides for paid sick...

 

HTMLCalifornia Legislation 2014
Ameneh K. Ernst, Christopher W. Olmsted; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 1, 2014, previously published on October 30, 2014
California Governor Jerry Brown has signed into law a number of bills that will impact the employer community. A brief summary of these new laws, along with links to the bills, can be found below.

 

HTMLFAAAA Does Not Preempt California Meal and Rest Period Requirements
Robert R. Roginson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 1, 2014, previously published on November 6, 2014
In Godfrey v, Oakland Port Services Corp., which was decided on October 28, 2014, the California Court of Appeal issued a published decision holding that the Federal Aviation Administration Authorization Act of 1994 (FAAAA) does not preempt California’s meal and rest period requirements. The...

 

HTMLD.C. Voters Approve Recreational Marijuana Ballot Initiative
Zachary S. Stinson; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 1, 2014, previously published on November 6, 2014
On November 4, 2014, voters approved a law legalizing recreational marijuana use in the District of Columbia. D.C. joins Alaska, Oregon, Colorado, and Washington in approving marijuana for recreational use.

 

HTMLIRS Acts Quickly to Facilitate Donations for Ebola Victims and Offer Tax Relief
Ruthie L. Goodboe, David S. Rosner; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 1, 2014, previously published on November 6, 2014
While employers and employees alike are asking questions about the proper workplace response to the Ebola outbreak in West Africa, these same folks are also asking how they can help the victims, their families and those who care for them. Fortunately, on October 29, the Internal Revenue Service...

 


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