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IRS Finalizes Regulations Allowing Plan Forfeitures to Fund QNECS and QMACS

Jackson Lewis P.C. • August 19, 2018
The IRS recently finalized regulations that allow 401(k) plans to use forfeiture money to fund qualified non-elective contributions (“QNECs”) and qualified matching contributions (“QMACs”). These regulations finalize proposed regulations issued last year (you can read our prior coverage of the proposed regulations here).

Employers Must Have Duties Based Reasons to Support the Assertion that Full-Time Attendance Is an Essential Job Function

Jackson Lewis P.C. • August 19, 2018
Teenagers are not the only ones dissatisfied when their pleas of “why” are met with a “because I said so.” It turns out that courts of appeal do not care for it either.

Should Employers Hedge Their Bets in Light of the Supreme Court’s Sports Betting Ruling?

Ogletree Deakins • August 19, 2018
The dog days of summer are winding down, which means football season is right around the corner. But this football season is different. For the first in more than two decades, Nevada no longer has a monopoly on legal sports betting.

California Bill to Ban Most Employment Arbitration Agreements Moves One Step Closer to Becoming Law

Carothers DiSante & Freudenberger LLP • August 19, 2018
In its continuing, apparent quest to undermine federal law, the California legislature is moving to make it unlawful for employers to require applicants or employees to agree to resolve employment-related disputes by way of arbitration. AB 3080 would add provisions to the California Fair Employment and Housing Act (FEHA) and to the California Labor Code making it unlawful for an employer to require an applicant, employee, or independent contractor to agree to waive any forum (i.e. court) for the resolution of a dispute arising under FEHA (discrimination, harassment, and retaliation) or the Labor Code (wages/wage statements/meal and rest breaks/working conditions). The bill further specifies that an arbitration agreement is unlawful even if applicants or employees are permitted to opt out of the agreement. In other words, even where an employee is permitted to opt out of the arbitration agreement, the agreement still will be deemed to have been forced on the employee as a condition of employment, and therefore, will be considered unlawful.

Puerto Rico Treasury Department Extends Period to Make Hurricane-Related Retirement Plan Distributions

Littler Mendelson, P.C. • August 19, 2018
Last year, the Puerto Rico Department of the Treasury (the “PR Treasury”) issued Administrative Determination Number 17-29 (“AD 17-29”) to provide rules and procedures for allowing distributions from an IRA or a Puerto Rico qualified retirement savings plan following Hurricane María. The purpose of these relaxed tax rules is to temporarily allow Puerto Rico residents impacted by the hurricane to make distributions from qualified retirement plans and IRAs at a preferential tax rate. The PR Treasury subsequently issued Administrative Determination Number 18-02 on January 17, 2018, to clarify certain provisions of AD 17-29.

No Dire Straits for Workers Involved in Labor Disputes in N.J. as Governor Expands Eligibility for Unemployment Benefits

Littler Mendelson, P.C. • August 19, 2018
On Friday, August 10, 2018, New Jersey Governor Phil Murphy signed a bill amending the State’s unemployment insurance law to provide benefits to employees in a variety of new and, in some cases, novel circumstances. Specifically, the new law provides for unemployment insurance benefits to be paid: (a) when a labor dispute prompting the employee’s period of unemployment is caused by an employer’s failure or refusal to comply with an agreement or contract with the employee, including a collective bargaining agreement with the employee’s union, or the employer’s failure or refusal to comply with State or federal laws related to hours, wages or other conditions of work; (b) after 30 days, when unemployment is caused by a strike or other concerted activities by employees; and/or (c) immediately, when the employer of striking workers opts to hire permanent replacement workers, as permitted under the National Labor Relations Act.
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