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After decades in relative obscurity, a legal doctrine that holds corporate officers liable for company wrongdoing is finding its way back into some high-profile health care prosecutions.
December 7 -
Prior to 2006, employers were required to submit determination letter requests to the IRS during certain periods. These periods - during which plans were required to be amended for various tax acts, such as the Economic Growth and Tax Relief Reconciliation Act of 2001 - are referred to as the remedial amendment periods. In Revenue Procedure 2005-66, as modified by Revenue Procedure 2007-44, the IRS created a staggered determination letter program. This process was established to spread the IRS' work over a period of years, thus freeing up resources to perform retirement plan audits. The periods to submit qualified retirement plans for determination letters are based upon a plan sponsor's employer identification number.
December 1 -
Last Thursday, Sen. Johnny Isakson (R-GA) introduced the Representation Fairness Restoration Act (S. 1843), a bill that would effectively revoke the National Labor Relations Boards recent decision in Specialty Healthcare, and establish criteria for determining an appropriate bargaining unit. In Specialty Healthcare, the Board determined a petitioned-for unit will be deemed appropriate so long as that unit consists of a clearly identifiable group of employees. If an employer contends that the unit should include additional
November 18 -
Harassment training? If you read the title of this blog out loud and heard groans from other people in your office, I understand. In fact, when I have done harassment training for clients, I have heard every complaint and bad joke about harassment training there is. Harassment training is one of those dreaded exercises by employees and management alike. Indeed, harassment training has become comedy fodder for many a tv sitcom. My personal favorite is still
November 11 -
New York insurance companies that were not covering the screening, diagnosis and treatment for autism spectrum disorders will now be mandated to do so effective Nov. 1, 2012.
November 7 -
The Department of Labor has slightly delayed the deadlines on significant new affirmative obligations for fiduciaries of retirement plans subject to the Employee Retirement Income Security Act.
November 1 -
A California appellate court has carved out an exception to the general rule that employers in California have a duty to reimburse legal expenses of employees whenever they are sued over conduct engaged in during the course and scope of their employment. No such duty exists, the court held, when the employer sues the employee—even if the employee is ultimately successful in defending the case.
October 28 -
The Hertz car rental company said last week that 26 Muslim drivers at Seattle's airport who sent termination letters in a dispute over prayer breaks could still return to work if they signed an agreement over break rules by the end of the day.
October 26 -
In Tomlinson v. El Paso Corporation, the United States Court of Appeals for the Tenth Circuit recently held that El Paso Corporations transition to a cash balance pension plan did not violate federal anti-age discrimination and pension laws. In doing so, the court offered important guidance to employers that provide pension benefits to their employees.
October 21 -
Amidst resistance and apparent confusion surrounding its new employee rights notice-posting rule, the National Labor Relations Board (NLRB) has pushed back the rule’s effective date by more than two months. Employers affected by the rule must now post the notice by January 31, 2012. The rule, which requires employers to post a notice of workplace employee rights under the National Labor Relations Act, was previously slated to go into effect November 14, 2011. The NLRB
October 14
