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HTMLMore Post-Windsor Guidance from the IRS Relating to Benefits for Same-Sex Spouses: Cafeteria Plan Changes, Flexible Spending Accounts and Health Savings Accounts
Roberta K. Chevlowe, Bali Kumar; Proskauer Rose LLP;
Legal Alert/Article
January 31, 2014, previously published on January 2014
Prior to the U.S. Supreme Court's Windsor decision that repealed Section 3 of the federal Defense of Marriage Act (DOMA), same-sex spouses were not recognized as spouses for federal tax and benefits purposes. In the immediate aftermath of Windsor, the Internal Revenue Service (IRS) issued Revenue...

 

HTMLIRS Issues Temporary Non-Discrimination Testing Relief for Closed Defined Benefit Plans and Request for Comments
Paul M. Hamburger, Lisa Berkowitz Herrnson; Proskauer Rose LLP;
Legal Alert/Article
January 31, 2014, previously published on January 2014
On December 13, 2013, the IRS issued Notice 2014-5 which provides temporary relief for satisfying the nondiscrimination requirements under Section 401(a)(4) of the Internal Revenue Code (the "Code") for plan sponsors that maintain defined benefit plans which have been closed to new hires.

 

HTMLSupreme Court to Resolve Circuit Split in Health Care Reform Cases
Peter J. Marathas, Brian Neulander, Robert W. Rachal; Proskauer Rose LLP;
Legal Alert/Article
January 31, 2014, previously published on January 2014
The Supreme Court will review two of the numerous lawsuits challenging the Affordable Care Act's (ACA) requirement that group health plans and insurers cover, without cost-sharing, contraceptives and/or abortifacients (the "Contraceptive Mandate"). The plaintiffs in these suits are...

 

HTMLIRS Introduces New Procedures for Reinstatement of Tax-Exempt Status
Amy Zelcer; Proskauer Rose LLP;
Legal Alert/Article
January 31, 2014, previously published on January 27, 2014
Tax-exempt organizations that have had their tax-exempt status automatically revoked because of failure to file required annual returns for three consecutive years can follow new procedures for seeking reinstatement of their tax exemptions. The IRS released these procedures in Revenue Procedure...

 

HTMLFederal District Court (In Its Capacity As An Employer) Must Reimburse Employee for the Cost of Health Benefits for her Same-Sex Domestic Partner
Roberta K. Chevlowe, Tulio D. Chirinos; Proskauer Rose LLP;
Legal Alert/Article
January 31, 2014, previously published on January 2014
The Ninth Circuit Judicial Council, an administrative body that reviews decisions of the court's chief judge, recently weighed in on an issue involving same-sex domestic partner health benefits in the post-Windsor world. The decision is interesting insofar as it relies at least partially on the...

 

HTMLOFCCP Announces Settlement Regarding Hiring Discrimination
Daniel J. Davis; Proskauer Rose LLP;
Legal Alert/Article
January 31, 2014, previously published on January 28, 2014
The Department of Labor’s Office of Federal Contract Compliance Programs (“OFCCP”) recently announced that it reached a settlement with Cargill Meat Solutions (“Cargill”) regarding claims of hiring discrimination based on race and gender.

 

HTMLDeadlines Approaching for Employer Return Requirements for ISOs and ESPPs - Reporting Requirements for 2014
Ira G. Bogner, Andrea S. Rattner; Proskauer Rose LLP;
Legal Alert/Article
January 27, 2014, previously published on January 22, 2014
Section 6039 of the Internal Revenue Code of 1986, as amended (the "Code"), requires corporations to furnish information statements to their employees (including former employees) and to the Internal Revenue Service ("IRS") with respect to (i) the exercise of an incentive stock...

 

HTMLFederal Trade Commission Announces 2014 Threshold Revisions for HSR Act and for Clayton Act Section 8 Prohibition on Interlocking Directorates
Proskauer Rose LLP;
Legal Alert/Article
January 27, 2014, previously published on January 21, 2014
The Hart-Scott-Rodino Antitrust Improvements Act of 1976, commonly known as the HSR Act, requires parties to certain corporate transactions to notify the Federal Trade Commission and Department of Justice, and to observe a waiting period prior to consummation. The HSR Act enables antitrust...

 

HTMLDistrict Court Denies Summary Judgment On Internal Audit/SOX Administrator’s Whistleblower Claim
Rachel Fischer, Steven J. Pearlman; Proskauer Rose LLP;
Legal Alert/Article
January 23, 2014, previously published on January 17, 2014
In denying a bank’s bid for summary judgment on an Internal Audit and SOX Administrator’s SOX whistleblower claim, the U.S. District Court for the Western District of Washington highlighted the present conflict on the standard governing protected activity under Section 806 of...

 

HTMLRecent Guidance on Wellness Programs Clarifies Premium Surcharges for Tobacco Use
Stacy H. Barrow; Proskauer Rose LLP;
Legal Alert/Article
January 23, 2014, previously published on January 17, 2014
As previously reported, the federal agencies responsible for drafting the rules implementing the Affordable Care Act (ACA) (the U.S. Labor Department, the U.S. Department of Health and Human Services and the U.S. Treasury Department (together, the “Departments”)) on January 9, 2014...

 


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