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Documents on employee benefits

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HTMLNo FLSA Overtime Recovery For What Employer "Should Have" Paid
Ted Boehm; Fisher & Phillips LLP;
Legal Alert/Article
December 16, 2014, previously published on November 22, 2014
Overtime compensation under the federal Fair Labor Standards Act must be based upon an employee's "regular rate" of pay. More and more frequently nowadays, claimants allege that their FLSA overtime compensation should have been (or should be) based upon some rate that would generate more...


HTMLThree Important Components of the Family Medical Leave Act
Kraig J. Marton, Jeffrey Silence; Jaburg Wilk;
Legal Alert/Article
December 11, 2014
In 1993, President Bill Clinton signed the Family and Medical Leave Act (“FMLA”), which allows employees time off from their job to bond with their children, care for ill family members, or recover from their own serious health problems — all without fear of losing their job. The...


Adobe PDFMandatory Employment Benefits Expand: Massachusetts Earned Sick Time Law Approved
Thomas W. Colomb, Michael J. Maccaro, Brandon H. Moss, Kathryn M. Murphy; Murphy, Hesse, Toomey & Lehane, LLP;
Legal Alert/Article
December 10, 2014, previously published on November 2014
On November 4, 2014, Massachusetts voters approved a ballot initiative providing for earned sick time for employees (the “Law”). The Law takes effect on July 1, 2015, and will require certain employers to provide up to 40 hours of earned sick time per year to their employees for a wide...


Adobe PDFOntario Proposes Exemption to the 30% Rule for Pension Investment in Infrastructure
Monique McAlister; Goodmans LLP - Toronto;
Legal Alert/Article
December 10, 2014, previously published on November 11, 2014
On November 10, 2014, the Pension Policy Branch of the Ontario Ministry of Finance released for public comment a proposed amendment to the Regulations under the Pension Benefits Act (Ontario) (the PBA) that would provide an exemption from the so-called “30% Rule” for pension investment...


HTMLSupreme Court of Canada Gives Quick Win To BCTF On Parental Benefits
Christopher McHardy; McCarthy Tétrault LLP;
Legal Alert/Article
December 8, 2014, previously published on November 27, 2014
The Supreme Court of Canada recently made a rare oral ruling from the bench, giving the B.C. Teachers’ Federation (“BCTF”) a quick win in their appeal of a decision by the B.C. Court of Appeal regarding discrimination and unequal treatment under the Human Rights Code and the...


HTMLFifth Circuit Adopts Majority Rule on What Constitutes “Other Instruments” of an ERISA Plan
Marjorie L. Cohen; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
December 5, 2014, previously published on November 10, 2014
ERISA plan administrators facing broad requests for production under ERISA section 104(b)(4) may limit their production to formal legal documents governing the plan, based on new guidance from a panel of the Fifth Circuit in Murphy v. Verizon Communications., Inc., No. 13-11117 (5th Cir. October...


HTMLEnhancing Shared Parental Pay - What To Think About
Libby Payne; Withers Bergman LLP;
Legal Alert/Article
December 5, 2014, previously published on November 21, 2014
Enhanced shared parental pay presents both opportunity and potentially some thorny legal issues. No one can say how many employees will actually make use of shared parental leave, meaning the question marks over enhanced shared parental pay could turn out to be a storm in a teacup. That said,...


Adobe PDFEbola and Employer Obligations
Duncan A. W. Abate, Hong Tran; Mayer Brown JSM;
Legal Alert/Article
December 5, 2014, previously published on November 10, 2014
The outbreak of the Ebola Virus Disease (“Ebola”) in West Africa has received considerable media attention as it begins to spread outside of Africa. In August 2014, the Government of Hong Kong confirmed that Ebola is grouped under Viral Haemorrhagic Fever (“VHF”), which is...


HTMLNew ACA Guidance Permits Employer-Initiated Measurement Period Changes
Christina M. Crockett; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 3, 2014, previously published on November 26, 2014
The Internal Revenue Service (IRS) recently released Affordable Care Act (ACA) guidance addressing how to determine full-time status when an employee’s measurement period changes. The guidance, IRS Notice 2014-49, introduces a proposed method for applying the look-back measurement period in...


HTMLImpact of Supreme Court’s Recent Actions on Employee Benefits
Christina Maistrellis Broxterman, Karen Trapnell Shriver; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
December 2, 2014, previously published on October 28, 2014
On October 6, 2014, the Supreme Court of the United States denied review of seven petitions challenging federal court of appeal rulings in the Fourth, Seventh, and Tenth Circuits that had struck down state bans on same-sex marriage. The Supreme Court’s orders do not legalize same-sex marriage...


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