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|Labor Department Provides Guidance on ERISA Coverage of State-Run Retirement Programs for Private Sector Employers|
Brenna M. Clark, Adam B. Cohen, Carol T. McClarnon, W. Mark Smith, Allison E. Wielobob; Sutherland Asbill & Brennan LLP;
November 24, 2015, previously published on November 23, 2015In recent years, a number of states have explored the idea of establishing state-run retirement plans for private sector employees who do not have access to employer-sponsored retirement plans. The preemption concerns under the Employee Retirement Income Security Act of 1974, as amended (ERISA),...
|Proposed Changes to Overtime Rules|
Charles R. Bacharach; Gordon Feinblatt LLC;
November 17, 2015, previously published on Fall 2015President Obama has announced that he wants changes to the regulations that define which employees are exempt from the minimum wage and overtime requirements of the Fair Labor Standards Act (FLSA).
|New Legal Theories Providers vs. Health Plans|
John R. Paliga; Gordon Feinblatt LLC;
November 17, 2015, previously published on Fall 2015Health care providers have continued to file lawsuits challenging the adverse decisions of health plans. In the cases discussed below, the providers had mixed success in pursuing two different, novel theories of alleged health plan wrongdoing.
|DOL Issues New Model FMLA Forms|
Emily E. Mahler; Margolis Edelstein;
November 13, 2015, previously published on July 2015The U.S. Department of Labor (DOL) recently issued updated model Family and Medical Leave Act (FMLA) forms and notices, as the prior forms expired in February 2015. Under the Paperwork Reduction Act of 1995, the DOL is required to submit FMLA forms every three years to the Office of Management and...
|IRS Announces Cost of Living Adjustment (COLA) Limits for 2016 Applicable to Retirement Plans|
Sharon Kowal Freilich, George J. Kasper, Nancy D. Lapera, Herbert H. Moorin; Pullman & Comley, LLC;
November 10, 2015, previously published on October 2015The Internal Revenue Service has announced the cost of living adjustments (COLA) applicable to dollar limitations for retirement plans for 2016. Most of the limits that currently apply to the 2015 plan year will not change for the 2016 plan year.
|Important April 30, 2016 Deadline to Adopt Updated Pre-Approved Defined Contribution Retirement Plans|
Suzanne G. Odom; Nexsen Pruet, LLC;
October 26, 2015, previously published on October 20, 2015All employers who are using a pre-approved form for their 401(k), profit sharing, or other defined contribution plan must sign updated documents on or before April 30, 2016 to preserve the tax-qualified status of the plan.
|Illness Does Not Protect
Employees against Dismissal|
Michael Rainer; GRP Rainer LLP;
October 21, 2015, previously published on October 19, 2015According to the LAG Rheinland-Pfalz in its ruling of May 20, 2015 (Az.: 7 Sa 694/14), it is possible for a sick employee to be dismissed as long as his illness is not the reason for the dismissal.
|Tacoma's New Paid Sick Leave Ordinance: What Employers Need to Know|
Rochelle Nelson; Fisher & Phillips LLP;
October 5, 2015, previously published on September 28, 2015Tacoma has now joined Seattle as the third city in Washington State to mandate paid sick leave for employees (certain hospitality and transportation workers employees in SeaTac also receive this benefit). The new law will go into effect February 1, 2016.
|ORPP Update: Employers and The Ontario Retirement Pension Plan|
Sonia T. Mak; Borden Ladner Gervais LLP;
September 24, 2015, previously published on September 18, 2015The Ontario Ministry of Finance released more information on the key features of the Ontario Retirement Pension Plan (ORPP) on August 11, 2015. By 2020, everyone employed in Ontario (other than certain "exempted" employees) will accrue pension benefits under either a "comparable...
|Guidance for Employers on UK Gender Pay Gap Reporting Requirements|
Elena Cooper; Duane Morris;
September 15, 2015, previously published on September 14, 2015Employers should be aware of new gender pay gap reporting requirements that are coming into effect in the UK in March 2016. This Alert provides guidance for organisations to consider in regards to complying with these reporting requirements.