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Employee’s Refusal to Take Drug Test Could Not Support Age and Gender Discrimination Claims

Jackson Lewis P.C. • January 16, 2018
A federal court in Massachusetts dismissed the age and gender discrimination claims of a long-term employee who was fired after he refused to take a “reasonable suspicion” drug test. Tombeno v. FedEx Corporate Services, Inc., CV. No. 16-cv-40008-TSH (D. Mass. Jan. 9, 2018).

Addressing Requests for Additional Time Off After a Leave of Absence: Walk in the Park, or Maze Without a Map?

Ogletree Deakins • January 16, 2018
Is additional time off after a leave of absence a “reasonable” accommodation? The answer is unclear, and usually is “It depends.” Federal courts recently have disagreed with each other on the issue, and the question has received continued and increasing attention after the EEOC’s 2016 Guidance on medical leaves under the Americans with Disabilities Act.

An Update from AGC’s Winter National Safety Committee Meetings.

Fisher Phillips • January 16, 2018
Folks who follow my writing know that of the many groups to which I speak, the AGC National Safety Committee is my favorite. I love the industry and I value the clients and contacts who have become friends, even Bob Emmerich, Jim Goss, Bo Cooper, Rick Reubelt, Carl Heinlein, Kevin Turner, Tommy Lee, and of course, our AGC leader, Kevin Cannon.

Plan Sponsors and Service Providers Must be Aware of Changes Made to Rules Pertaining to Puerto Rico Qualified Retirement Plans

Littler Mendelson, P.C. • January 17, 2018
Recent changes to Puerto Rico’s tax treatment of certain retirement plans have taken effect. Act No. 106 of August 23, 2017 (“Act 106”) amended Section 1081.01 of the Puerto Rico Internal Revenue Code as amended, (the “PR Code”), to reflect changes in the rules governing Puerto Rico qualified retirement plans. Employee benefit practitioners, service providers, as well as the Pension Plan Section at the Puerto Rico Department of the Treasury (the “PR Treasury”) were taken by surprise by these amendments, as they revised legislation designed to guarantee payment to government retirees and to establish a new defined contribution plan for government employees.

Puerto Rico Department of the Treasury Announces 2018 Limits on Qualified Retirement Plans

Littler Mendelson, P.C. • January 17, 2018
On December 15, 2017, the Puerto Rico Department of the Treasury (the “PR Treasury”) issued Tax Policy Circular Letter No. 17-02 (“CL 7-02”) announcing the 2018 applicable contribution limits for qualified retirement plans. Pursuant to Section 1081.01(h) of the Puerto Rico Internal Revenue Code of 2011, as amended (the “PR Code”), the Secretary of the Treasury is required, before the beginning of each taxable year, to provide notice of the applicable limits under the U.S. Code, which are incorporated by reference into the PR Code limits (e.g., annual compensation, annual benefit/contribution limits).

New Jersey Bars State Agencies from Seeking Applicants’ Wage Histories

Jackson Lewis P.C. • January 17, 2018
In his first official act upon taking office, newly elected Governor Phil Murphy signed an executive order barring state agencies from asking job applicants about wage history. Former Governor Chris Christie previously vetoed legislation that would have prohibited employers from requesting salary history information from prospective employees.
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