Category: Benefits and Compensation

This topic provides guidance on how to handle compensation issues in a way that attracts and retains the best talent and advances the strategic goals of your business. You get news and tips on what’s going on nationally and in the states, and updates on changes in regulations, possible governmental action, and emerging compensation trends.

6 Compliance issues for qualified retirement plans to check on by the end of 2011

With the year’s end fast approaching, employers that sponsor tax-qualified retirement plans should assess whether they may require amendments or administrative changes. To help with that process, Todd A. Solomon, a partner in the Employee Benefits Practice Group of McDermott Will & Emery’s Chicago office, and Brian J. Tiemann, also a member of that office, […]

Schumer to Introduce Transit Parity Bill

Sen. Charles Schumer (D-N.Y.) said that he was planning to introduce a bill to make permanent the parity between parking and transit tax breaks. Schumer argues that programs that make commuting less expensive should be protected, particularly in a time of economic hardship. The matter strikes close to home for Schumer, since his constituents include […]

Supreme Court to Rule on Whether Health Reform Stands or Falls

Fast on the heels of the latest pertinent appeals court ruling, the U.S. Supreme Court definitively announced on Nov. 14 it will decide the question of whether Congress exceeded its powers to regulate commerce when it required people to buy health insurance as part of health reform (or in the converse, whether the individual mandate is allowed […]

Survey Shows What Employers Are Doing to Reduce Health Care Costs

Eighty-four percent of responding companies reported taking at least one action to reduce healthcare costs in the prior year, and two-thirds plan further cost control in the coming year. The most popular cost control steps include: Raising employees’ portion of healthcare premiums Raising employees’ copayments and deductibles Offering health savings accounts (HSAs) and/or health reimbursement […]

Census Bureau: Most First-Time Working Mothers Receive Paid Leave

Employers are increasingly likely to provide paid leave to working mothers, new Census data suggests. The U.S. Census Bureau report,  released in early November, doesn’t look directly at employer policies. Rather, it analyzes trends in women’s work experience before their first child, identifies their maternity leave arrangements before and after the birth and examines how rapidly […]

You Discriminated, I’m Depressed, I’m Taking FMLA

Segal, a partner in the Philadelphia office of law firm Duane Morris, delivered his suggestions at as recent Society for Human Resource Management Annual Convention and Exhibition. [Go here for appraisal mistakes 1 through 8] 9. Delaying implementation of discipline decision Unfortunately, when you delay a discipline decision, you open a window for the employee […]

Health Reform Law Clears Appeals Court Hurdle

In a Nov. 8 decision, the U.S. Court of Appeals for the District of Columbia Circuit affirmed a lower court’s ruling that the U.S. Congress may require all individuals to get health coverage (the individual mandate). A circuit-court split on whether the individual mandate stands or falls makes it more likely the Supreme Court will […]

HHS Kicks Off HITECH Privacy Audits

A wave of HIPAA privacy audits far more comprehensive than anything attempted to date was officially launched Nov. 8 by the U.S. Department of Health and Human Services (HHS). While their official purpose is not enforcement, these audits are likely to cast a broader net than HHS scrutiny has to date — including possibly group […]

Could IRS Dialogue With Governmental Plans Lead to More Draconian Retirement Plan Guidance?

The IRS and Treasury Department want to “initiate a dialogue” with the governmental plan community about how to better define when a retirement plan becomes a government plan, but while dialogue is good, will it result in burdensome regulatory requirements? On Nov. 8, the IRS and Treasury Department issued proposed rules on determining governmental plan […]

Appraisals: Not Legally Required, But Legally Recommended

Don’t tell the CEO who wants to terminate without documentation, "You can’t terminate." Say, "If there is a legitimate non-discriminatory reason for this termination, you can do it, but in the absence of documentation, there is substantial risk. I would prefer not to be married to this employee in lengthy litigation. Maybe if we do […]