The Internal Revenue Service recently published final regulations under Section 83 of the tax code.
Employers often use waivers and releases of claims in agreements with former employees, either as part of a separation agreement at the time employment ends or in a settlement agreement after a former employee has raised claims against the employer. Both of these types of agreements have garnered attention lately, serving as a reminder of some best practice approaches in each context.
This week, the U.S. Supreme Court confirmed that severance pay is subject to FICA tax.
As physicians search for new revenue streams in response to declining reimbursement and additional administrative complexity, a new law passed in 2013 should provide added flexibility and time to expand practices through the use of physician assistants. The health care markets continue to realign as the Affordable Care Act is implemented and if all goes as planned, there will be more patients.
Many employers require that applicants pass a pre-employment medical exam to ensure they are physically capable of doing the job. Employers should be aware that pre-employment medical exams, while not categorically barred, could violate several federal statutes and draw unwanted attention from the Equal Employment Opportunity Commission (EEOC or the Commission).
Congress passed the Federal Arbitration Act (FAA) in 1925 to place arbitration agreements on the same footing as other contracts.1 Under the FAA, an arbitration provision “shall be valid, irrevocable, and enforceable, save upon such grounds as exist at law or in equity for the revocation of any contract.” 9 U.S.C.A. § 2. This simple idea has, of course, spawned considerable controversy and litigation, and the tension between the FAA and State laws continues to appear on many fronts.
On February 7, 2014, the Equal Employment Opportunity Commission (EEOC or Commission) sued CVS Pharmacy Inc. in federal court in Chicago to invalidate the company’s standard severance agreement. The lawsuit raises concerns because it attacks language that employers commonly use in severance agreements.
Congress passed the Americans with Disabilities Amendments Act of 2008 (ADAAA) over five years ago on Sept.17, 2008. The act’s stated purpose was to reinstate “a broad scope of protection to be available under the ADA” as the result of several decisions from the U.S. Supreme Court that had created an “inappropriately high level of limitation necessary to obtain coverage under the ADA.”
You may have heard of them, but may not fully appreciate or understand how an Employee Stock Ownership Plan or “ESOP” could help you meet your business planning goals.
It’s the time of the season when many make well-intended resolutions for the New Year. Promises usually include ending bad habits and starting good ones. With resolutions in mind, what could human resource professionals focus on in 2014? In light of the current legislative and regulatory forecast, here are some possibilities (listed in no particular order) for consideration:
Thank you to everyone who responded to this year’s Employment and Labor Law Final Exam. We hope the exercise was challenging and informative. Congratulations to our winners, Melissa Nance (Sumter, SC) and Carol Williams (Charlotte, NC). Melissa and Carol will receive a basket full of goodies from the Gourmet Shop in Columbia, SC.
Year-End AmendmentsThe month of December is a bit different in 2013. Typically, we mark this time scrambling to amend 401(k), profit sharing, and money purchase plans in order to maintain their tax-qualified status. This year — there are no required year-end amendments for this type of plan.
As the end of 2013 quickly approaches, it is time to put your employment and labor law knowledge to the test with Nexsen Pruet’s third annual final exam. We will send out answers to the exam on December 17th. Be sure to email your responses to firstname.lastname@example.org by December 16th. If you score 100 percent, you will be entered to win a fabulous prize. Winners will be announced when the answer key is released next week.
Employers holding contracts with the federal government in excess of $10,000, as well as their subcontractors, should be aware of some important changes to the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) and Section 503 of the Rehabilitation Act of 1973 (Section 503).
After the federal government’s partial shutdown on October 1, 2013, employers were unable to access their E-Verify accounts. Now that funding has been restored and E-Verify services are back online, the Department of Homeland Security has issued guidance and instructions to employers.