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Adobe PDFChanges to Federal Overtime Exemption Rules Coming in July 2016: What Your Workplace Must Know and Do to Prepare
H. Carlton Hilson; Burr & Forman LLP;
Legal Alert/Article
February 3, 2016, previously published on February 2016
The U.S. Department of Labor ("DOL") recently announced its long awaited changes to the federal overtime regulations will be published in July 2016. The revised regulations, which were first discussed in March 2014, are expected to make dramatic changes to common white collar exemptions...


HTMLSupreme Court: For ERISA Plans, Time May Be Money
Brenna M. Clark, Adam B. Cohen, Cristopher D. Jones, Paul R. Lang, Allison E. Wielobob; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
February 2, 2016, previously published on February 2, 2016
A new U.S. Supreme Court decision is a reminder that Employee Retirement Income Security Act (ERISA) plans must act promptly if they want to assert a lien to secure a participant’s obligation to reimburse medical expenses or to recover overpayment of retirement benefits. In Montanile v. Board...


HTMLGreenlight: IRS Lets LLCs Adopt ESOPs
Carl J. Grassi, Dale R. Vlasek; McDonald Hopkins LLC;
Legal Alert/Article
January 27, 2016, previously published on January 18, 2016
A recent IRS ruling creates opportunities for Limited Liability Companies (LLCs) that want to utilize an Employee Stock Ownership Plan (ESOP). Here’s why: For many years the LLC has been the business entity of choice. It offers liability protection, design flexibility, and certain tax...


HTMLCadillac Tax Effective Date Postponed (and Three Other 2015 Year End Health and Welfare Benefits Legislation Highlights) 
Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
January 18, 2016, previously published on January 7, 2016
While Americans everywhere were busy eating turkey and drinking eggnog last November and December, our government was hard at work attending to budget matters. Tucked among the appropriations were several fairly significant items of interest to employers, employees, providers, administrations, and...


HTMLMassachusetts Sick Leave Law-Full Compliance Deadline Looming
Mark H. Burak, Rachel Reingold Mandel; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
January 7, 2016, previously published on December 18, 2015
Readers are probably aware that last year, Massachusetts voters approved a new sick leave law that went into effect on July 1, 2015. Many employers with preexisting leave policies, however, took advantage of the so-called “safe harbor” provision in the law and its implementing...


HTMLBAG: Unauthorised Private Use of Official Computer May Justify Termination without Notice
Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
January 6, 2016, previously published on January 5, 2016
According to a ruling of the Bundesarbeitsgericht (German Federal Labour Court), unauthorised private use of an official computer may justify an exceptional notice of termination under employment law.


HTMLRefusing overtime can justify dismissal
Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
January 6, 2016, previously published on January 4, 2016
In the field of employment law, refusing to work, including refusing overtime, can justify termination of the employment contract. That was the decision of the LAG [Landesarbeitsgericht] Mecklenburg-Vorpommern (Regional Labour Court of Mecklenburg-Western Pomerania) (Az.: 5 TaBV 7/14).


HTMLLAG Hessen: Successive Fixed-Term Employment Contracts Do Not Automatically Give Rise to Right to Permanent Position
Michael Rainer; GRP Rainer LLP;
Legal Alert/Article
January 5, 2016, previously published on December 30, 2015
According to a recent ruling of the Landesarbeitsgericht Hessen (Regional Labour Court of Hesse), successive fixed-term employment contracts do not automatically give rise to a right to a permanent position (Az.: 2 Sa 1210/14).


HTMLPresident Obama Approves the Consolidated Appropriations Act with Key Employee Benefits Provisions
Brenna M. Clark, Adam B. Cohen, Brittany Edwards-Franklin, Cristopher D. Jones, Vanessa A. Scott; Sutherland Asbill & Brennan LLP;
Legal Alert/Article
January 5, 2016, previously published on January 5, 2016
The Consolidated Appropriations Act to fund the government through 2016 was passed and enacted on December 18. The law contains a number of benefits-related provisions, including a two-year delay of the 40-percent excise tax on high-cost health insurance (i.e., the Cadillac Plan Tax) and a...


HTMLFinal Opportunity for Certain Individually Designed Retirement Plans to Obtain Favorable IRS Determination Letter
Lenna R. Chambers, Lynn S. Clarke, Jill E. Hall, Emily R. Lambright, Melody A. Simpson; Bowles Rice LLP;
Legal Alert/Article
January 4, 2016, previously published on November 12, 2015
For any employer whose Federal Employee Identification Number (EIN) ends in 5 or 0, and who maintains an individually designed qualified retirement plan for its employees (e.g., pension plan or 401(k) plan), you have one last opportunity to file for and receive a favorable determination letter from...


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