Our January 2019 GT Benefits and Compensation Alert addressed the unprecedented level of potential liability for compliance failures in 401(k) and other retirement plans and the importance of performing a plan compliance review and correcting plan document or operational failures before an IRS auditor knocks on the door. Doing nothing and playing the audit lottery … Continue Reading
Shareholder Todd D. Wozniak, of global law firm Greenberg Traurig, LLP, was named a 2018 Law360 MVP for Benefits. Law360’s MVP series showcases standout attorneys who have had significant client wins and contributions to their practice area in the last year. Co-Chair of the firm’s ERISA & Employee Benefits Litigation group, Wozniak has tried more … Continue Reading
Four attorneys from global law firm Greenberg Traurig, LLP have been recognized in Who’s Who Legal: Labour, Employment & Benefits Guide 2017. Featured in the guide are: Labor & Employment Peter W. Zinober, who specializes in the defense of employment discrimination cases in state and federal court, both jury and non-jury, as well as wage … Continue Reading
On July 1, 2017, Arizona’s new sick leave law goes into effect and employers with even one employee in Arizona may need assistance to navigate the new laws and to review and revise policies, practices, and recordkeeping to comply. As a mere start, there are seven key aspects of this new law that Arizona employers … Continue Reading
In two long-awaited decisions, the Florida Supreme Court declared several provisions of the state’s workers’ compensation statutes unconstitutional, weakening legislative reforms approved in 1994 and 2003 intended to curb the system’s growing costs and higher premiums for employers and businesses. The rulings, in Castellanos v. Next Door Company and Westphal v. City of St. Petersburg … Continue Reading
On Monday, Sept. 7, 2015, President Barack Obama issued an Executive Order (the “Order”) that requires federal contractors to grant at least seven days of annual paid sick leave to their employees. The Order gives an estimated 300,000 federal contractors new access to paid sick leave. Under the Order, employees of federal contractors will earn … Continue Reading
The Massachusetts Earned Sick Time Law (Mass. Gen. Laws ch. 149, § 148C), approved by a statewide ballot question last fall, goes into effect July 1, 2015. As of July 1, 2015, all employers must comply with the statute. Applicable regulations promulgated by the Massachusetts Attorney General have also been issued. Importantly, all employers operating … Continue Reading
Written by Kelly Dobbs Bunting and Christiana L. Signs On Feb. 12, 2015, Philadelphia Mayor Michael Nutter signed into law a new chapter in the Philadelphia Code, “Promoting Healthy Families and Workplaces,” that requires employers with 10 or more employees in Philadelphia to provide paid sick time to certain workers. The ordinance takes effect on … Continue Reading
Employees at large companies have at various times received nice perks as part of their jobs. 401(k) matches are pretty standard fare these days. Bonuses on Wall Street and at other firms during bull markets are legendary. But sometimes the everyday work incentives are a little more generous. The perks showered upon tech company employees … Continue Reading
Starting July 1, 2015, California employers will be required to provide at least three days of paid sick leave each year under a new law. The Healthy Workplaces, Healthy Families Act of 2014 will affect employers of all sizes, with only unionized workers, home health care providers, and airline flight crews exempt from the mandate. … Continue Reading
In an important decision, the Third Circuit recently held in Lupyan v. Corinthian Colleges, Inc. that an employee’s sworn statement — and nothing more — that she did not receive management’s mailed notification that her leave was designated as qualifying under the Family and Medical Leave Act (FMLA), created a fact question precluding summary judgment … Continue Reading
By Magan Ray and Michael Einig on Posted in Benefits
On May 2, 2014, the Employee Benefits Security Administration of the Department of Labor (DOL) released proposed regulations, which contain changes to the existing COBRA notice requirements. These changes are intended to incorporate applicable provisions under the Affordable Care Act into the COBRA notice requirements. The proposed regulations provide updated versions of the model general … Continue Reading
With: Nancy Taylor and Danielle White Last week, on July 2, 2013, the Obama Administration announced a one-year delay in the application of penalties associated with the employer shared responsibility requirements established under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and the Health Care and Education Reconciliation Act, Pub. L. No. 111-152 (collectively, the … Continue Reading
With: Nancy Taylor and Danielle White On Tuesday, July 2nd, 2013, the Obama Administration announced a one-year delay in applications of penalties associated with the employer shared responsibility requirements established under the Patient Protection and Affordable Care Act, Pub. L. No. 111-148, and the Health Care and Education Reconciliation Act, Pub. L. No. 111-152 (collectively, … Continue Reading
On June 26th, the U.S. Supreme Court issued its ruling in United States v. Windsor. In a 5-4 decision, the Court concluded that Section 3 of the Defense of Marriage Act (DOMA) was unconstitutional as applied to lawful marriages. This decision has an extremely widespread impact, as it affects more than 1,000 federal statutes and … Continue Reading
Health Care Coverage Reporting Requirements Now that the Supreme Court has ruled and upheld the Patient Protection and Affordable Care Act (otherwise known as the New Health Care Law), employers will need to start focusing in earnest on the Act’s requirements. Some parts of the Act have gone into effect already, but most of the … Continue Reading
In Coleman v. Court of Appeals of Maryland, in a 5-4 plurality ruling, the U.S. Supreme Court held that states are immune from suit as sovereigns under the self-care provision of the Family and Medical Leave Act of 1993, 29 U.S.C. § 2601, et seq. Coleman was an employee of the Maryland Court of Appeals … Continue Reading
Employers providing employees with benefits subject to ERISA have a duty to provide accurate benefit information to employees. As with many areas of ERISA, the definition of “inaccurate” information and the consequences to employers for providing inaccurate information has been unclear. The United States Supreme Court addressed this gray area of ERISA in CIGNA Corp. … Continue Reading
The new health care law, otherwise known as the Patient Protection and Affordable Care Act (PPACA), requires that, beginning after December 31, 2013, “applicable large employers” must provide affordable health coverage to their full-time employees. Failure to do so may subject these employers to a shared responsibility payment, or an “assessable payment,” pursuant to Internal … Continue Reading
The Department of Labor (DOL) has recently published proposed regulations under the Employee Retirement Income Security Act (ERISA) to expand the definition of who is a fiduciary with respect to employee benefit plan investment advice. Service providers will bear the immediate costs of these new regulations through compliance efforts and the need to purchase fiduciary … Continue Reading
