Nov 27, 2018

‘Tis the Season—How to Avoid the Dangers of Office Parties and Gifts (a/k/a the Labor and Employment Department’s Annual Party Poopers’ Alert)

Bonuses During the holidays, many employers get in the spirit by giving non-exempt employees prizes, awards, nondiscretionary bonuses, and incentive payments.  If these payments are based on the quality, quantity, or efficiency of production or hours worked, then the value of such payments must be calculated into the employee’s average hourly rate for the purpose… Read more

Nov 19, 2018

Department of Labor Ends Its 20% Tip Credit Rule In Long-Awaited Opinion Letter

On November 8, 2018, the Department of Labor’s Wage and Hour Division issued an opinion letter intended to clear up “confusion and inconsistent application” stemming from previous Department of Labor (DOL) guidance regarding the use of the tip credit to pay regularly tipped employees. The tip credit provision contained in the Fair Labor Standards Act… Read more

Nov 2, 2018

IRS Annual Cost-Of-Living Adjustments – Employee Benefit Plan Limitations For 2019

Cost of Living

Effective: January 1, 2019 The IRS has released the 2019 cost-of-living adjustments applicable to the dollar limitations on benefits and contributions of retirement plans and health and welfare benefit plans.  Plan sponsors should update their systems and formulas to include the limits that have been adjusted.   For a printable version of this chart, click here. … Read more

Oct 25, 2018

Federal Government Proposes To Expand HRA Use


On October 12, 2017, President Trump signed an Executive Order which directed the Department of Labor, the Department of Treasury, and the Department of Health and Human Services (“Agencies”) to consider regulations or guidance that would expand the use of health reimbursement arrangements (“HRAs”), including the use of HRAs with individual health insurance coverage. The… Read more

Oct 24, 2018

Employer Obligations Regarding Election Day Leave


With Election Day fast approaching, now is the time for employers to ensure they are in compliance with applicable laws relating to voting leave for employees. While there is no federal law governing voting leave, many state laws require employers to provide some form of leave for employees to vote. These laws are typically dependent… Read more

Oct 22, 2018

DOL Proposes to Relax Multiple Employer Plan Rules


On August 31, 2018, President Trump signed an Executive Order which directed the Department of Labor (the “DOL”) and the Department of Treasury to consider regulations or guidance that would expand the availability of multiple employer plans (“MEPs”).  A MEP is a type of retirement plan (e.g., a 401(k) plan) that different businesses can create… Read more

Oct 8, 2018

New York State Publishes Final Guidance in Connection with Anti-Sexual Harassment Law


New York State issued final guidelines and an updated model policy in connection with the state’s recent Anti-Sexual Harassment Law.  This legislation requires New York employers to adopt and distribute an anti-sexual harassment policy and begin conducting annual sexual harassment prevention training for employees, among other things. Last week, the state published an updated model… Read more

Sep 20, 2018

Updated FCRA Model Disclosures Required Friday, September 21, 2018


On September 12, 2018, the Bureau of Consumer Financial Protection issued new model forms for the Fair Credit Reporting Act (FCRA).  The new model forms, available here, incorporate the changes required by the Economic Growth, Regulatory Relief, and Consumer Protection Act, passed by Congress in May 2018.  Employers who utilize background checks for employees and… Read more