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IRS Announces New Retirement Plan Guidance for Voluntary Correction Program (VCP) Applications

Nexsen Pruet • December 10, 2018
For HR offices, December is typically a time to recover from open enrollment, tie up loose ends, and look forward to 2019. Lost in the busyness of the last few months may have been some retirement plan guidance from the Internal Revenue Service regarding its Employee Plans Compliance Resolutions System (EPCRS). In Revenue Procedure 2018-52 (September 28, 2018), the IRS has outlined new filing requirements for its Voluntary Correction Program. This guidance essentially amends and restates Rev. Proc. 2016-51, which, as described below, will have limited applicability after December 31, 2018.

Non-Compete News: Is a Non-Solicitation of Employees Provision Enforceable in California?

FordHarrison LLP • December 09, 2018
Executive Summary: Last month, California’s Fourth District Court of Appeal issued AMN Healthcare, Inc. v. Aya Healthcare Servs., Inc., 28 Cal. App. 5th 923 (Cal. Ct. App. 2018), a decision calling into question the validity of non-solicitation of employees a/k/a anti-piracy provisions in California. Prior to this decision, California’s Supreme Court had left open the issue of whether anti-piracy provisions were enforceable. Arguably, there now exists a split in authority in California with regard to the enforcement of these provisions, although this recent decision may be construed narrowly to its context: staffing companies.

Salary History Law Trend Continuing as 2018 Draws to a Close

XpertHR • December 09, 2018
Suffolk County, New York has become the latest locality to enact a law banning employers from asking job applicants about their salary history or relying on their salary history at any stage in the hiring process. The salary history inquiry ban takes effect June 30, 2019, and also extends to benefits.

Day One – Dynamex to Dominate Legislative Discussion in California in 2019

Fisher Phillips • December 09, 2018
December 3 was the first day of the new legislative session in California. It was a day of festivities and ceremony, as new members were sworn into office and Democrats had their first taste of the “super-duper majority” dominance in both houses of the legislature.
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