Regulation

  • The Department of Labor unveiled a final 401(k) fee disclosure rule last Thursday that requires plan providers to give more details about what employers pay for retirement plan administration and other services.

    February 7
  • On January 24, 2012, the Acting General Counsel of the National Labor Relations Board issued a second report on social media cases, just six months after the GC’s last report on the subject. In this latest document, the Obama Board continues to refine its analysis of the two most common issues presented to it in social media cases: whether the employer’s policy itself is overbroad and thus violates employees’ right to engage in concerted and…

  • On-site clinics utilized in conjunction with a group health plan are becoming an increasingly common method to help employers address the rising cost of health care. The issues in implementing an on-site clinic may seem obvious: Finding a service provider; installing an appropriate facility; and addressing employee access during work hours. However, there are less obvious but equally important compliance concerns that arise when an on-site clinic is implemented. Such clinics maintained on an employer’s…

    February 3
  • Most employers have become accustomed to the IRS and Department of Labor periodically auditing their qualified retirement plans. Now, employers must also be ready for HIPAA audits.

    February 1
  • An Eastman Kodak employee filed a civil lawsuit against Kodak's board members and other fiduciaries of the photography companies' retirement plans, saying they breached their duties as the company was spiraling toward bankruptcy.

    February 1
  • On January 3, 2012, the Internal Revenue Service issued Revenue Procedure 2012‑6, which formally changes and eliminates certain features of its determination letter program for qualified retirement plans. According to an earlier announcement of these changes (in IRS Announcement 2011-82), the IRS concluded that the features being eliminated are “of limited utility to plan sponsors in comparison with the burdens they impose.” However, the changes will significantly restrict the determination letter service on which plan…

    January 27
  • Do you have an action plan for complying with the Wage Theft Protection Act by February 1? Read in today’s BeAdvised as EBA contributor Ken Moyle shares three areas New York employers must comply with under the WTPA.

    January 26
  • Wage laws are tricky. But it is an area of law all employers need to familiarize themselves with. It's necessary to compensate employees —sometimes even when you least expect it. In fact, there are times when employees need to be paid for...not working.

    January 25
  • I recently read an article about a company wellness program that consisted primarily of a company health fair. At the health fair, an employee who thought he was otherwise healthy took a Prostate-Specific Antigen test and discovered he had elevated PSA levels. He was encouraged to follow up with his doctor, who discovered he had prostate cancer. He was ultimately cured and his doctor said he probably would have died had it not been for…

    January 20
  • The Patient Protection and Affordable Care Act requires employers to report the aggregate cost of employer-sponsored health coverage on the Forms W-2 of its employees. In March 2011, the Internal Revenue Service issued interim guidance on the Form W-2 informational reporting requirement in the form of 31 Q&As. Recently, the Internal Revenue Service revised this interim guidance by issuing Notice 2012-9, which clarifies several of the original Q&As and adds some Q&As.