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HTMLEEOC Clarification on Workplace Wellness Programs Advances
Francis P. Alvarez, Joseph J. Lazzarotti; Jackson Lewis P.C.;
Legal Alert/Article
April 16, 2015, previously published on April 6, 2015
According to the EEOC’s March 20 announcement, the proposed rule would amend the regulations implementing the equal employment provisions of the Americans with Disabilities Act to address the interaction between Title I of the ADA, prohibiting employment discrimination, and financial...

 

Adobe PDFPensions Liberation - The Ombudsman Speaks at Last...
Jonathan Moody, Anna Rogers, Ian Wright; Mayer Brown International LLP;
Legal Alert/Article
April 16, 2015, previously published on January 2015
The Pensions Ombudsman has finally published the first three in a series of determinations dealing with complaints relating to pensions liberation. Eagerly awaited by the pensions industry, these determinations contain useful guidance for trustees on how to deal with transfer requests where they...

 

HTMLEmployment Law Update after Young v. United Parcel Service, Inc.: Must Employers Provide Accommodations for Pregnant Employees?
Matthew T. Scully, Kathryn M. Willis; Burr & Forman LLP;
Legal Alert/Article
April 15, 2015, previously published on March 30, 2015
A pregnant employee walks into your office and tells you that she has a lifting restriction of twenty pounds and needs an accommodation because she can’t do her job. What do you do? In Young v. United Parcel Service, Inc., 575 U.S. — (Mar. 25, 2015), the Court faced this issue and was...

 

HTMLAutomatic Enrollment Failures and Correction Methods
Leslie Thomson; Holland & Hart LLP;
Legal Alert/Article
April 15, 2015, previously published on April 7, 2015
Last week, the IRS released new safe harbor correction methods for automatic enrollment related failures for 401(k) and 403(b) plans. The new safe harbor correction rules apply to failures involving: (1) an employee who should have been enrolled under a plan’s automatic enrollment feature but...

 

HTMLDon’t “Dabble” in Employee Benefit Plan Auditing
Peter J. Larkin; Wilson Elser Moskowitz Edelman & Dicker LLP;
Legal Alert/Article
April 15, 2015, previously published on March 27, 2015
For years, U.S. Department of Labor Chief Accountant Ian Dingwall has been advising employee benefit plan administrators to avoid using auditors who “dabble” in employee benefit plans. During this period, the DOL has consistently found that approximately one third of the employee...

 

HTMLSEC Declares Open Season on Employee Agreements
Duane Morris LLP;
Legal Alert/Article
April 14, 2015, previously published on April 6, 2015
On April 1, 2015, the United States Securities and Exchange Commission (SEC) announced an enforcement action¿the first of its kind¿against KBR, Inc., for requiring employees involved in internal investigations to maintain confidentiality, which is in violation of the SEC's whistleblower rules.

 

HTMLPreparation for 2014 Fiscal Year-End SEC Filings and 2015 Annual Shareholder Meetings
Megan N. Gates, Pamela B. Greene; Mintz, Levin, Cohn, Ferris, Glovsky and Popeo, P.C.;
Legal Alert/Article
April 14, 2015, previously published on February 3, 2015
As our clients and friends know, each year Mintz Levin provides an analysis of the regulatory developments that impact public companies as they prepare for their fiscal year-end filings with the Securities and Exchange Commission (the “SEC”) and their annual shareholder meetings. This...

 

HTMLSupreme Court Agrees to Decide When ERISA Plans May Recover Benefit Overpayments
Brian D. Netter, Nancy G. Ross; Mayer Brown LLP;
Legal Alert/Article
April 14, 2015, previously published on March 31, 2015
When a fiduciary to an employee benefit plan overpays a plan participant, the fiduciary must resort to remedies offered by the Employee Retirement Income Security Act (ERISA). Section 502(a)(3) of ERISA authorizes a fiduciary to recover “appropriate equitable relief”—a nebulous...

 

HTMLCan a Person Who Receives Disability Benefits Own a Car?
Chambliss Bahner Stophel P.C.;
Legal Alert/Article
April 14, 2015, previously published on April 2015
The short answer is yes. Although many disability benefit programs like Supplemental Security Income (SSI) and Medicaid impose resource limits on beneficiaries, a beneficiary's household is allowed to own one vehicle of any value as long as it is used to transport the beneficiary or a member of the...

 

HTMLChanges to the Federal Pension Standards Regulation - Coming Into Force in Two Stages: April 1, 2015 & July 1, 2016
Sonia T. Mak; Borden Ladner Gervais LLP;
Legal Alert/Article
April 14, 2015, previously published on March 25, 2015
The Regulations Amending Certain Regulations Relating to Pensions (the "Amending Regulation") were published on March 25, 2015. The Amending Regulation introduced legislative changes affecting the administration of federally regulated private pension plans and the investment of their...

 


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