http://www.elinfonet.com/fedindex/8 Employment law articles discussing employee benefit issues, including those under ERISA. Thu, 07 Aug 2008 20:08:59 EST en-us http://www.elinfonet.com/newscount.php?popID=7183 Article: 7183 Wed, 06 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Employers often face a business decision about how to treat a particular worker or group of workers: Are the individuals independent contractors or employees? Often, the independent contractor classification is attractive to employers because it affords certain flexibility. However, there are a number of factors that must be considered when deciding how to classify workers. http://www.elinfonet.com/newscount.php?popID=7176 Article: 7176 Tue, 05 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) In the closing days of its most recent term, the U.S. Supreme Court issued two decisions relating to the design and administration of employee benefit plans. The first, Metropolitan Life Insurance Company v. Glenn, addressed (without giving significant guidance) the question of whether a conflict of interest exists when a plan administrator who decides questions of eligibility for benefits is also the person responsible for paying any benefit claims, and the effect of such a conflict on a reviewing court's analysis. The second, Kentucky Retirement Systems v. EEOC, addressed the question of whether a pension plan's failure to increase benefits to disabled retirees once they reach normal retirement age (but continue working) violates the Age Discrimination in Employment Act (ADEA). http://www.elinfonet.com/newscount.php?popID=7162 Article: 7162 Fri, 01 Aug 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Non-qualified deferred compensation arrangements are now subject to a tough new tax regime under Internal Revenue Code Section 409A. Section 409A became effective on January 1, 2005, but, because of the complexity of the issues involved in applying the law, the IRS did not issue final regulations until 2007. As a result, employers have been given until December 31, 2008, to bring plans and agreements into full documentary compliance (i.e., to amend written plans and put unwritten plans into writing). http://www.elinfonet.com/newscount.php?popID=7159 Article: 7159 Thu, 31 Jul 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) After much discussion, the Department of Labor (DOL) has proposed regulations that would require participant-directed plans, including most 401(k) plans, to provide participants with basic disclosures concerning the fees and expenses charged in connection with available investment alternatives, and in connection with administration of the plan. The DOL’s concern is that plan participants often do not have access to complete information needed to make informed investment decisions. Specifically, the DOL has found that information on fees and expenses charged by fund managers and others is either not readily available or not easy to understand. http://www.elinfonet.com/newscount.php?popID=7152 Article: 7152 Wed, 30 Jul 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The Supreme Court's February ruling in LaRue v. DeWolff, Boberg & Associates, Inc., et al. allows former employees who participated in 401(k) and other defined contribution plans to sue plan fiduciaries for breach of duty claims, if the result of the breach is a reduced account balance which is then used to cash those employees out of the plan. In LaRue, the claim was straightforward - the fiduciary failed to invest plan assets as directed by the participant. The impact of LaRue is already being felt. http://www.elinfonet.com/newscount.php?popID=7145 Article: 7145 Fri, 25 Jul 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) The U.S. Department of Health & Human Services (HHS) has announced that it has entered into a Resolution Agreement, for the first time, concerning potential violations of the privacy and security regulations under the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The Resolution Agreement, entered into on July 16, 2008, requires a Seattle-based health care provider, Providence Health & Services, to pay $100,000 and to implement a detailed, three-year corrective action plan to ensure that it will appropriately safeguard identifiable electronic patient information. By agreeing to this Resolution Agreement, the provider avoided the imposition of potentially significant civil monetary penalties under HIPAA. http://www.elinfonet.com/newscount.php?popID=7133 Article: 7133 Wed, 23 Jul 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) On June 17, 2008, President Bush signed the Heroes Earnings Assistance and Relief Tax Act of 2008 (the “HEART Act”). The HEART Act amends the Internal Revenue Code (the “Code”) to provide a number of enhanced benefits and incentives to military service members, including reservists and National Guard members who frequently work for civilian employers in addition to their military duties. The employment-related benefits of the Act are described below. http://www.elinfonet.com/newscount.php?popID=7124 Article: 7124 Mon, 21 Jul 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) On June 17, 2008, President Bush signed into law the Heroes Earnings Assistance and Relief Tax Act of 2008 (the “HEART Act”), which provides several employee benefit-related advantages to eligible military personnel, as well as their families. http://www.elinfonet.com/newscount.php?popID=7112 Article: 7112 Mon, 14 Jul 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) President Bush signed the Heroes Earnings Assistance and Relief Tax Act of 2008 (HEART Act) into law on June 17, 2008. The HEART Act permits, and in some cases requires, plans to provide enhanced benefi ts for military personnel. The HEART Act also extends parity of mental health benefi ts in group health plans and changes rules relating to withholding requirements for expatriates. http://www.elinfonet.com/newscount.php?popID=7098 Article: 7098 Wed, 09 Jul 2008 00:00:00 EST elin@elinfonet.com (Employment Law Information Network) Problem: In less than six months, your company’s executives may become liable for income tax, plus a 20% additional tax, as well as penalties and interest, on income they have earned, even if payment is not due until a later year, or is conditioned on an event, such as a termination without cause that is uncertain to occur. This applies to both public and private companies. December 31, 2008 is the deadline to bring your company’s non-qualified deferred compensation plans and arrangements, including employment and separation agreements into full compliance with §409A of the Internal Revenue Code.