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A recent case in the Fifth Circuit Court of Appeals, Sellers v. Minerals Technologies, Inc., should remind employers to carefully approach the termination of executives, in part because concepts of fairness, as well as strict contract interpretation, tend to drive the...
Last month, the House of Representatives, as part of Tax Reform 2.0, adopted the Family Savings Act of 2018 ("Act"). No action will be taken on this bill until after the mid-term elections, but there is a possibility that the Senate will take action on this issue...
HHS has issued a final rule, effective October 11, 2018, to implement certain inflation adjustments to the civil monetary penalties imposed on violations of the administrative simplification rules of the Health Insurance Portability and Accountability Act ("HIPAA")....
Preeminent Boston-Based Law Firm Expands its Litigation and Labor, Human Resources & Employment Law Practices With the Addition of Katherine Brustowicz - October 16, 2018 West
In Hansen v. Group Health Plan Cooperative, the Ninth Circuit Court of Appeals ruled that a state's unfair trade practices and mental health parity laws will not be preempted by ERISA unless certain requirements are met. Facts: A group of psychiatric service providers...
The IRS has issued Notice 2018-71 which provides additional guidance on the paid Family and Medical Leave Act ("FMLA") tax credit which was created by the Tax Cuts and Jobs Act of 2017. Background The FMLA tax credit enables eligible employers to claim a general...
In 2002, the Internal Revenue Service (IRS) adopted a program - the Employee Plans Compliance Resolution System (EPCRS) - to enable sponsors of employee benefit pension plans (primarily tax-qualified plans) to self-identify and correct various types of operational,...
The federal district court for the Eastern District of California has ruled, in Bommarito v. Northwestern Mutual Life, that a group of individual insurance policies are an ERISA-covered plan because of the employer's actions regarding the purchase of the policies....
Much has been written about the #MeToo movement over the past several months, and, justifiably, this will continue to be the case until such time as sexual harassment is no longer plaguing our society. The attention this movement has gotten has not gone unnoticed by...