Federal Employment Law Articles

Benefits - General

Articles Discussing General Topics In Employee Benefits.

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Employee Benefits Newsletter – Summer 2018

Jackson Lewis P.C.·

New Agency Guidance Makes Mental Health Parity and Addiction Equity Act Enforcement a Priority. A review of the parity compliance issues for plans and insurers providing mental health and substance use disorder benefits.

You’ve Discovered A Mistake in Your Plan Administration – Now What?

Jackson Lewis P.C.·

Occasionally qualified plan administrators discover that their plans have incurred an operational error. The Internal Revenue Service (“IRS”) recognizes that it needs the help of plan administrators to police the administration of qualified plans and has correspondingly published guidance to help pl

Association Health Plans — Are They Really an Option to Consider?

Jackson Lewis P.C.·

As discussed during our recent webinar, the finalized DOL regulations for qualifying “association health plans” will likely create new opportunities for sole proprietors and other primarily small businesses and other trade groups to band together in a coordinated manner to purchase more affordable h

Supreme Court Holds Stock Options Are Not Taxable under the RRTA

Littler·

On June 21, 2018, the Supreme Court held in Wisconsin Central Ltd. v. United States that railroad stock options are not taxable compensation under the Railroad Retirement Tax Act of 1937 (the “RRTA”). This ruling represents a significant win for railroad companies.

Association Health Plans: How Do You Solve a Problem Like a MEWA?

Littler·

On June 19, 2018, the Department of Labor issued its highly anticipated final rule expanding the availability of association health plans (“AHPs”). The core purpose of an AHP is to allow small employers to band together and obtain coverage in the large group insurance market, which generally imposes

New Tax Law May Affect Mileage Reimbursement Policy for Employers

Maynard Nexsen·

Outside of potential minimum wage issues, there is no federal law requiring employers to reimburse employees who use their personal vehicles for business purposes.

Excessive Executive Compensation and the Tax Cuts and Jobs Act of 2017: Widening the Net of Negative Tax Consequences for For-Profit and Non-Profit Corporations

Jackson Lewis P.C.·

With all the national press coverage about tax savings, tax cuts and company bonus payments associated with the Tax Cuts and Jobs Act of 2017 (the “Tax Act”), it is easy to miss the changes in federal tax laws that impose substantial negative tax consequences on employers that pay certain executives

IRS Issues Guidance FAQs Regarding the Paid Family Leave Federal Tax Credit

Jackson Lewis P.C.·

This week, the Internal Revenue Service (IRS) issued FAQ guidance regarding the employer tax credit for paid family and medical leave. As a reminder, the Tax Cuts and Jobs Act of 2017 (the Act) provides a tax credit to employers that voluntarily offer paid family and/or medical leave to employees. T

Financial Conflict of Interest in the Eighth Circuit: Trigger of a Less Deferential Standard of Review or Mere Factor in Determining Plan Administrator Abuse of Discretion?

Jackson Lewis P.C.·

It is well-established under the Employee Retirement Income Security Act of 1974 (“ERISA”) that when an employee benefit plan grants the plan administrator discretion to decide questions of eligibility for benefits or to construe plan terms, judicial review of the plan administrator’s denial of bene

Employee Benefits and the Tax Cuts and Jobs Act

Maynard Nexsen·

As we move into the second quarter of 2018, now is a good time to remind employers about the significant impact of the Tax Cuts and Jobs Act (TCJA) on employee benefits. While some of these issues may not affect the taxation of employee benefits directly, the new tax treatment of certain employer-pr

Employee Benefits Newsletter – Spring 2018

Jackson Lewis P.C.·

View from Jackson Lewis: The Curious Odyssey of the Multiemployer Defined Benefit Pension Fund. A review of the state of multiemployer funds.

Was Your Employee Benefit Plan Selected For Examination? Don’t Panic!

Jackson Lewis P.C.·

Each year, hundreds of retirement plans are examined by the Internal Revenue Service (IRS) and Department of Labor (DOL). The agencies also examine other kinds of employee benefit plans for compliance with statutes and regulations with respect to which they have enforcement authority. In particular,

Cost-Benefit Analysis 101 for Healthcare Providers

Jackson Lewis P.C.·

Nary a week goes by without news of a data breach by a healthcare provider…while there are certainly a good number of breaches resulting from a breach of cybersecurity defenses or from the wrongful exploitation of system security weaknesses, there is still a risk to healthcare providers resulting fr

Changes to VCP User Fees: A Holiday Gift That Some Plan Sponsors Would Rather Return

Jackson Lewis P.C.·

Benefit plan practitioners returned to their desks after the holidays to the surprising news that the Internal Revenue Service issued guidance that made sweeping changes to the user fees for the Internal Revenue Service’s Voluntary Correction Program (“VCP”). (And notably more than one IRS agent has

Is the New Employer Tax Credit for You?

FordHarrison·

Under the Internal Revenue Code of 1986, as amended (the “Code”), businesses are entitled to a general business credit which is made up of several component credits, including the Work Opportunity Credit, the Indian Employment Credit, credits for employing and housing employees affected by Hurricane

2018 Tax Reform Series: Change to Employer Deduction Rules

Jackson Lewis P.C.·

This is the sixth article in our series covering the various tax and employee benefits-related changes contained in the Tax Cuts and Jobs Act signed by the President on December 22, 2017.

2018 Tax Reform Series: New Excise Tax on “Excess” Executive Compensation Paid by Tax-Exempt Employers

Jackson Lewis P.C.·

This is the fifth article in our series covering the various employee benefits-related changes contained in the Tax Cuts and Jobs Act signed by the President on December 22, 2017.

2018 Tax Reform Series: Executive Compensation Changes for Publicly Held Entities

Jackson Lewis P.C.·

This is the fourth article in our series covering the various employee benefits-related changes contained in the Tax Cuts and Jobs Act signed by the President on December 22, 2017.

DOL Issues Proposal Governing Association Health Plans

Littler·

The Department of Labor has issue a proposed rule providing direction for sole proprietors and businesses to set up Association Health Plans (AHPs). This rulemaking stems from President Trump’s October 12, 2017 Executive Order 13813, “Promoting Healthcare Choice and Competition Across the United Sta

2018 Tax Reform Series: Is Your Company Eligible for a Tax Credit for Paid Leave?

Jackson Lewis P.C.·

Below is the third article in our series covering the employee benefits-related changes contained in the Tax Cuts and Jobs Act signed by the President on December 22, 2017.