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Documents on employee benefits

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HTMLAn Introduction to Employee Ownership and Selling to an ESOP
Brian P. Goldstein; Jackson Lewis P.C.;
Legal Alert/Article
December 2, 2016, previously published on November 21, 2016
Perhaps one of the most powerful tax and business succession planning tools available to shareholders of a closely held company is the ability to sell stock to a trust created pursuant to an employee stock ownership plan (“ESOP”) and defer or permanently avoid taxation on any gain...


HTMLStates Begin Offering State-Run Retirement Plans
Amy B. Boulware, Peter J. Harrison, Leah Mitchell McElmoyl, Dana B. Perry; Chambliss, Bahner & Stophel, P.C.;
Legal Alert/Article
November 28, 2016, previously published on November 9, 2016
Workers in some states will soon have another option to save for retirement. California is the latest state to pass a law that establishes state-run retirement plans for workers who do not have a plan through their employer. A handful of other states already have similar laws on the books, and the...


HTMLFocus on Auditor Independence-Related Disclosure Expected to Continue for 2017 Proxy Season
Greenberg Traurig LLP;
Legal Alert/Article
November 24, 2016, previously published on November 14, 2016
The United Brotherhood of Carpenters’ Pension Fund (the “UBC Pension Fund”) recently announced that it once again will be advocating for enhanced auditor independence disclosures in proxy statements in 2017. This letter-writing campaign, which commenced in 2013, resulted in the...


HTMLNinth Circuit Creates Bright-Line Rule, Finds Those Who Cannot Sit for More Than Four Hours Cannot Perform Sedentary Jobs
Sean P. Nalty; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
November 17, 2016, previously published on November 08, 2016
When applying de novo review to a claim for disability benefits under a group disability policy governed by the Employee Retirement Income Security Act of 1974 (ERISA), district courts must consider all the evidence and determine if a preponderance of that evidence establishes entitlement to...


HTMLPODs and TODs: The Double-Edged Sword
Adam Doll; Hopkins Huebner P.C.;
Legal Alert/Article
November 9, 2016, previously published on November 09, 2016
A Payable-on-Death account, known as a POD, is a type of bank account designation. Payable-on-Death beneficiary designations can be set up on checking accounts, savings accounts, money market accounts, CDs, and savings bonds. A POD allows you to designate who the money in those accounts will go...


Adobe PDFPrincipal William E. O'Gara's guest column regarding the U.S. Department of Labor's "white collar" overtime exemptions, "White Collar Pay Boost" was published in Providence Business News.
William E. O'Gara; Pannone Lopes Devereaux & West LLC;
Legal Alert/Article
October 14, 2016, previously published by Principal William E. O'Gara's article, "NLRB retreat on aggressive posting rule favors business," is published in Providence Business News.
On May 18, 2016, the United States Department of Labor issued long-awaited regulations regarding the "white collar" overtime exemptions. The Fair Labor Standards Act ("FLSA") introduced the 40-hour work week in 1938 and requires overtime pay for most private sector employees...


HTMLISS Survey Results Regarding Pay-for-Performance and Say-on-Pay Frequency
Alexander Song; Mintz Levin Cohn Ferris Glovsky Popeo P.C.;
Legal Alert/Article
October 13, 2016, previously published on October 10, 2016
Institutional Shareholder Services Inc. (“ISS”), the influential proxy advisory firm, recently released their 2016-2017 Global Policy Survey results. These results show some interesting findings related to executive compensation and may signal the future of ISS policies concerning pay...


HTMLCode Section 409A and You: The IRS Issues New Guidance
Taylor Bracewell, John A. Morrison; Ogletree, Deakins, Nash, Smoak & Stewart, P.C.;
Legal Alert/Article
October 13, 2016, previously published on October 11, 2016
Earlier this summer, the Internal Revenue Service (IRS) issued proposed regulations under Sections 409A and 457 of the Internal Revenue Code (the Proposed Regulations) that modify the final regulations issued on April 17, 2007 (the Final Regulations). The Proposed Regulations include new and...


HTMLWellness Programs Must Adhere to Multiple Masters
Mary L. Porter; Gordon Feinblatt LLC;
Legal Alert/Article
October 13, 2016, previously published on Fall 2016
On May 16, 2016, the Equal Employment Opportunity Commission (EEOC) issued final regulations that describe how employers offering workplace wellness programs can comply with the Americans with Disabilities Act (ADA) and the Genetic Information Nondiscrimination Act (GINA). The final EEOC...


HTMLLitigation Risks of De-Risking
Markus F. Kremer; Borden Ladner Gervais LLP;
Legal Alert/Article
September 29, 2016, previously published on September 26, 2016
At first blush, the idea that "de-risking" could carry risk seems oxymoronic. Pension de-risking, when done correctly, can be very effective. Nevertheless, sometimes the steps employers take to de-risk pension plans can create litigation risk. To understand why, we need to recognize that...


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