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IRS Issues Guidance on Changes to Determination Letter Program for Retirement Plans

Franczek Radelet P.C • July 21, 2016
The Internal Revenue Service recently issued Revenue Procedure 2016-37, which sets forth in detail the significant changes to the IRS’s determination letter program for qualified retirement plans, which we have written about in previous alerts. The changes will be effective January 1, 2017. The most significant change is the IRS’s elimination of the staggered five-year remedial amendment cycle for individually designed plans. As of January 1, 2017, sponsors of individually designed plans will be permitted to submit determination letter applications only for initial plan qualification, qualification upon plan termination, and certain other circumstances that will be determined each year by the IRS.

Uniform Wage Garnishment Law Would Streamline Process for Employers

XpertHR • July 21, 2016
The Uniform Law Commission has released a draft Uniform Wage Garnishment Act (UWGA) which, if enacted by state legislatures, would streamline and ease employer administration of creditor garnishments by standardizing many elements that now vary by state law.

Does an FMLA Leave Request Double as a Request for a Reasonable Accommodation? Should Employers Care?

Franczek Radelet P.C • July 21, 2016
There is a hot debate brewing over the tantalizing question, “Does a request for FMLA leave also constitute a request for a reasonable accommodation under the ADA?” The worlds of FMLA and ADA clash!

Employers Subject to California Prevailing Wage Beware! California Will Resume Enforcement of The Requirement To Electronically Submit Certified Payroll Records

Jackson Lewis P.C. • July 21, 2016
On July 20, 2016, California Department of Industrial Relations (“DIR”) issued a press release stating DIR enforcement of a contractor and subcontractor’s requirement to submit certified payroll records(“CPRs”) using DIR’s online system will resume on August 1. DIR clarified that the requirement to keep CPRs has not changed. Previously, DIR suspended enforcement of filing CPRs electronically because of problems with the system and improvements.

Are My California Pay Stubs Compliant?

Jackson Lewis P.C. • July 19, 2016
Nearly all California employment wage and hour class action lawsuits assert a cause of action under California Labor Code Section 226 as plaintiffs’ attorneys almost always automatically include such cause of action when there are other alleged underlying wage violations, i.e. failure to pay overtime.

New PAGA Amendments – What Employers Doing Business in California Need to Know

Jackson Lewis P.C. • July 19, 2016
We previously reported on Governor Brown’s 2016/2017 budget change proposal as something employers should monitor.[1] The proposal included increased funding for the Labor & Workforce Development Agency (“LWDA”), the agency responsible for overseeing the Private Attorneys General Act of 2004 (“PAGA”). The budget proposal also contained recommendations for widespread changes to the way PAGA cases are handled.
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