Tag: DOL

401(k) Disclosures: How to Answer Employee Questions

Preparing Staff to Handle Questions/Concerns Preparing staff to handle participant questions and concerns is of paramount importance because ineffective answers can lead to mistrust, morale issues, and compliance scrutiny. It may even lead to legal challenges under ERISA. To avoid these problems, prepare supervisors and staff. Invite your investment advisor or a representative of the […]

401(k) Fiduciary? There’s Personal Liability If You Get It Wrong

The changes, which take effect July 1, 2012, are big. As a plan sponsor, you will receive new information about fees paid by the plan. You will also need to give participants some new information. For guidance, we turned to a recent BLR publication, the 401(k) Fee Disclosure Compliance Download Report. Your Role As Fiduciary […]

No Matter How You Pay Them, Tips Belong to Employees

Even non-exempt employees can cause confusion and employer liability under the FLSA. Often, employers run into trouble when attempting to classify their employees for purposes of pay exemptions. But equally tricky is how to pay non-exempt employees who have non-traditional forms of payment, such as tipped employees. The recent slew of major FLSA wage and […]

Cut 403(b) Retirement Plans a Break, ERISA Advisory Council Tells DOL

Government efforts to bring 403(b) retirement plans up to regulatory par with 401(k) plans has resulted in a rough transition for 403(b) plan sponsors, and in recognition of that fact, an ERISA advisory council gave the U.S. Department of Labor (DOL) five recommendations to help ease the compliance burden. Background Over the years, many 403(b) […]

Taxmageddon on the Horizon?

What’s Taxmageddon? Taxmageddon comes at the end of 2012, when the payroll tax and unemployment benefits extension ends and at the same time we’re likely to need another debt limit increase. If no action is taken, there will be dramatic cuts in spending that are built into the federal budget process, Aitken says. Aitken offered […]

DOL Fact Sheet: Tips Belong to the Employee

Tips are the property of the employee, whether or not that employee has taken a tip credit under the Fair Labor Standards Act. So states Labor Department Fact Sheet #15A, released by the Wage and Hour Division in February. The fact sheet reflects tip credit regulations DOL updated in May 2011. Under the regulation, an […]

Attorney Offers Tips for Staying Compliant with DOL’s Wage and Hour Priorities

As the Department of Labor’s Wage and Hour Division steps up enforcement initiatives,  the need for employers to monitor their wage and hour practices is growing. Speaking at the Society for Human Resource Management’s 2012 Employment Law and Legislative Conference March 5, Tammy McCutchen of Littler Mendelson in Washington, a former Bush appointee at DOL, […]

DOL Proposal Helping Home Companions Would Hurt Seniors, Business, Franchisees Claim

The Labor Department underestimated the cost of its proposal extending minimum wage and overtime protections to in-home caregivers underestimates, according to an industry group representing  in-home care franchise owners.  If the proposal is implemented as planned,  the study concludes, both the quality of care provided to seniors and the financial health of the in-home care […]

SCOTUS to Review Affirmative Action, OFCCP Wants Disability ‘Goals

Supreme Court Review While the case the Supreme Court will hear involves public colleges and universities, the ruling could eventually impact other courts’ decisions on affirmative action programs outside of higher education, notes BLR Legal Editor Susan Schoenfeld. In 2003, the Supreme Court ruled in Grutter v. Bollinger that public colleges and universities could not […]

Four Tips on Reviewing and Updating COBRA Notice Procedures

The failure to administer COBRA continuation coverage notices correctly can cost employers and plan administrators money, time and aggravation, says COBRA expert Paul M. Hamburger, Esq. of Proskauer Rose LLP. He provides four tips they can use to help avoid COBRA notice missteps: (1) prepare clear, accurate and complete COBRA notices; (2) be sure to […]