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Nov 29, 2023

‘Tis the Season: Annual Party Pooper’s Guide to the Holidays

Notebook and pencil with a list of guidelines

‘Tis the season for celebration. For employers, that may mean hosting an annual holiday party, catering an office luncheon, or distributing end-of-year gifts and bonuses. However, with the holiday season comes potential liability. Office Parties Many companies host a holiday party or special gathering for their employees. Employers hosting holiday parties or other festive events should ensure that it is clear to employees that attendance at said event is voluntary, unless the company intends to pay hourly employees for the time spent at the function. Employers may run afoul of the Fair Labor Standards Act (“FLSA”) or equivalent state law… Read more


Nov 28, 2023

Paid Leave is Coming—Changes on the Horizon for Chicago and Illinois Employers

Speech bubble with the words "Paid Time Off"

Chicago and Illinois employers should revisit their paid leave policies before the New Year. Illinois’ Paid Leave for All Workers Act (“PLFAW Act”), 820 ILCS 192/1 et seq., effective January 1, 2024, applies to nearly all Illinois employers (outside of those covered by the more generous Chicago and Cook County laws), with limited exceptions. Under the PLFAW Act, employees must accrue at least 1 hour of paid sick leave for every 40 hours worked up to a minimum of 40 hours annually, unless the employer allows more leave. Alternatively, employers can frontload the full amount of leave on the first… Read more


Nov 14, 2023

New York Wage Theft Claims: New Developments

Labor Law written on a blank page of a book.

New York Governor Kathy Hochul recently signed legislation (S.B. 5572) that, effective March 13, 2024, will change the salary threshold governing various exemptions under Article 6 of the New York Labor Law (“NYLL”). For reference, Article 6 generally regulates how frequently and the method by which employees must be paid.  Employers who violate provisions of Article 6 regulations have committed “wage theft” and claims for wage theft include unpaid wages, illegal deductions, unpaid wage supplements, minimum wage and overtime pay. Effective March 13, 2024, any employee making less than $1,300 a week (including any employee working in an executive, administrative… Read more


Nov 7, 2023

Self-Disclosure Helps HealthSun Avoid Charges

Department of Justice written on the side of a brick building.

The Criminal Division of the United States Department of Justice (DOJ) encourages companies to cooperate with the government whenever criminal conduct is discovered. A recent case demonstrates how voluntary self-disclosure and cooperation can help a business avoid criminal charges. It also demonstrates how extensive such cooperation must be in order to receive full credit. On October 24, 2023, the DOJ indicted Kenia Valle Boza, a former executive with HealthSun Health Plans, Inc., on six charges involving Medicare fraud in connection with a HealthSun Medicare Advantage Plan. According to the DOJ, Boza devised a scheme to submit to the Centers for… Read more


Nov 1, 2023

IRS Cost-of-Living Adjustments-Employee Benefit Plan Limitations for 2024

Effective: January 1, 2024 The IRS has released the 2024 cost-of-living adjustments applicable to the dollar limitations on benefits and contributions of retirement plans and health and welfare benefit plans.  We recommend plan sponsors update their systems and formulas to include the limits that have been adjusted. For a printable version of this chart, click here. For more information on these cost-of-living adjustments, contact your SGR Executive Compensation and Employee Benefits counsel.


Nov 1, 2023

DOL Proposed Rule: Definition of an Investment Advice Fiduciary

On October 31, 2023, the Department of Labor (the “DOL”) released the highly anticipated proposed rule (the “Proposed Fiduciary Rule”), which would redefine and expand the definition of “investment advice fiduciary” under the Employee Retirement Income Security Act of 1974 (“ERISA”). New Definition of “Investment Advice Fiduciary”.  The Proposed Rule provides that a person would be an investment advice fiduciary under ERISA if: The person giving the advice (the “Provider”) provides investment advice or makes an investment recommendation to a “retirement investor” (i.e., a plan, plan fiduciary, plan participant or beneficiary, IRA, IRA owner or beneficiary, or IRA fiduciary); That… Read more


Oct 27, 2023

NLRB Final Joint Employer Rule Expands Joint Employment Under the NLRA

NLRB Final Rule - Joint Employer

On October 27, 2023, the National Labor Relations Board (“NLRB”) issued a long-awaited final rule on the criteria for establishing joint employer status under the National Labor Relations Act (“NLRA”). This rule becomes effective on December 26, 2023. The new rule makes it easier to establish a joint employer relationship under the NLRA, which can be significant for employers. A joint employer may be obligated to engage in collective bargaining with a union representing jointly employed workers, share liability for unfair labor practices committed by the other employer, and may be subject to labor picketing that would otherwise be unlawful…. Read more


Oct 25, 2023

THE CTA IS COMING! THE CTA IS COMING! Be Aware and Ready for When the Corporate Transparency Act Takes Effect

The Corporate Transparency Act (“CTA”) takes effect in two stages, January 1, 2024, and January 1, 2025.  The CTA is particularly aimed at beneficial ownership reporting by “small” businesses. In January 2021, Congress enacted the Corporate Transparency Act (“CTA”), which is intended to bring the U.S. into compliance with international anti-money laundering standards. Under the CTA, certain entities will be required to register themselves (“Reporting Companies”), the individuals that are the direct or indirect “beneficial owners” of such Reporting Companies and the individuals that undertook the actual creation/formation of the Reporting Company (the “Company Applicants”). For purposes of the CTA,… Read more


Oct 11, 2023

DOJ Announces Safe Harbor Policy for Mergers and Acquisitions

On October 4, 2023, Deputy Attorney General Lisa Monaco announced that the U.S. Department of Justice has launched a Safe Harbor Policy for companies that self-report financial violations discovered during the acquisition of a target company. The Safe Harbor Policy will be applied across the DOJ, Monaco said, and each part of the DOJ — including individual US Attorney’s offices and DOJ components such as the Criminal Division and National Security Division (NSD) — “will tailor its application of this policy to fit their specific enforcement regime and will consider how this policy will be implemented in practice.” In the… Read more


Oct 4, 2023

December 31 Gag Clause Attestation Due Date Is Fast Approaching

Group health plans must submit an annual attestation confirming agreements entered into with service providers do not contain “gag clauses,” which are limitations regarding the plan’s ability to access certain de-identified claims data or disclose provider-specific information to third parties, including plan participants.  The first attestation is due by December 31, 2023, and will cover the period of December 27, 2020 through December 31, 2023. Notably, not all third-party service providers are willing to submit the attestation on behalf of their clients, which means that plan sponsors may need to complete the submission themselves to ensure compliance.  For more information, please see our March… Read more