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ISS Survey Results Regarding Pay-for-Performance and Say-on-Pay Frequency
October 10, 2016 | Blog | By Alexander Song
Institutional Shareholder Services Inc. (“ISS”), the influential proxy advisory firm, recently released their 2016-2017 Global Policy Survey results. These results show some interesting findings related to executive compensation and may signal the future of ISS policies concerning pay for performance and say-on-pay frequency.
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New California Law Will Require Online Entertainment Database Sites to Remove Age-Based Information
October 3, 2016 | Blog
California’s governor has signed into law a bill aimed at discouraging discriminatory age hiring practices in the entertainment industry. The law focuses on internet websites identifying ages, but critics question whether the law is constitutional and if it will have any real impact.
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Employer’s No Dreadlock Policy Did Not Violate Title VII, Says Eleventh Circuit
September 27, 2016 | Blog | By George Patterson
An employer’s decision to rescind an African American applicant’s job offer after she refused to comply with a race-neutral grooming policy that prohibited her from wearing her hair in dreadlocks did not constitute race discrimination in violation of Title VII, ruled the 11th Circuit.
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Can Employees Commute Tax-Free on Uber or Lyft?
September 26, 2016 | Blog | By Patricia Moran
Uber, Lyft, and their competitors, offering handy apps, responsive drivers and competitive prices, are fast becoming a favored commuter option. Many employers either subsidize employee commuter expenses or allow employees to pay for commuter expenses through payroll deductions.
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Addressing Zika’s Continued Threat to the Workplace
September 22, 2016 | Blog | By Natalie C. Groot
The growing prevalence of the Zika virus in the United States has already presented a number of hurdles for employers striving to create a safe and healthy workplace environment for their employees. These concerns are more immediate than ever.
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ACA Reporting on Forms 1094-C and 1095-C, AIRTN500 Error Messages, and Incorrect and Missing Taxpayer Identification Numbers (TINs)—What’s an Employer to Do?
September 21, 2016 | Blog
Employer-sponsored group health plans and health insurance issuers (or carriers) are subject to information reporting requirements under the Affordable Care Act (ACA), including the obligation to report taxpayer identification numbers (TINs) of covered employees and their spouses and dependents.
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Ninth Circuit Holds that SOX 304 Clawback Applies to Executives that are Not at Fault
September 14, 2016 | Blog | By Alexander Song
The Ninth Circuit recently held that Section 304 of the Sarbanes-Oxley Act (SOX 304) allows for a clawback of certain CEO and CFO compensation regardless of whether the clawback was triggered by the personal misconduct of such officers. District courts have reached this conclusion before, but the Ninth Circuit appears to be the first circuit to adopt such a view.
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Lawsuit by Algorithm, the Latest Big Data Rage
September 13, 2016 | Blog | By Robert Sheridan
Algorithms and bots run our lives; we just may not know it. They help choose our music, buy our diapers and tell us when it’s time to change the water filter.
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Employee Benefits and the New Overtime Rules
September 12, 2016 | Blog | By Patricia Moran
The Department of Labor’s new overtime rules take effect December 1, 2016, and employers across the country are carefully reviewing and modifying their compensation and payroll practices in anticipation. As part of this preparation, employers must consider whether and how any changes to their compensation structures will affect their employee benefit plans.
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National Labor Relations Board Grants Student Assistants the Right to Unionize at Private Colleges and Universities
August 31, 2016 | Blog | By Dan Long
In a setback to private colleges and universities, the National Labor Relations Board ruled on August 23, 2016 that student assistants have unionization and collective bargaining rights under the National Labor Relations Act.
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Hospital and Fixed Indemnity Policies; Excepted Benefits; Supplemental Coverage under Recently Proposed Treasury Regulations; and Central United Life v. Burwell
August 26, 2016 | Blog
We reported in a recent post on proposed regulations dealing with, among other things, the treatment of hospital indemnity or other fixed indemnity insurance products in the group market.
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Fourth Circuit Decision Reminds Employers That Overbroad Noncompete Agreements May Not Be Enforceable
August 17, 2016 | Blog | By Alta Ray
If your company operates in a territory covered by the 4th circuit (Maryland, Virginia, West Virginia, North Carolina, and South Carolina) and requires employees to sign a noncompete agreement with language similar to the following, it may be time to consider revising the agreement
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IRS Makes Filing an 83(b) Election Easier
August 16, 2016 | Blog | By Alexander Song
On July 25, 2016, the IRS finalized regulations under Section 83 of the tax code that removes a procedural step in the process of filing an 83(b) election.
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Seventh Circuit Holds Title VII Does Not Prohibit Sexual Orientation Discrimination, But Acknowledges Inherent Flaws in Precedent Underlying its Holding
August 15, 2016 | Blog | By George Patterson
In a carefully reasoned but ultimately restrained opinion the Seventh Circuit held that Title VII does not prohibit discrimination in employment on the basis of sexual orientation.
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Corporate Divorce Series: Acqui-Hires: A Corporate Blended Family?
August 15, 2016 | Blog | By Jennifer Rubin
Blended families may be more common than organic ones these days and perhaps the same can be said about employees in corporate America. The trend may emanate in part from the “acqui-hire” approach to building a business.
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Pokémon Go in the Workplace: Oh Look There’s a Pikachu!
July 20, 2016 | Blog | By Cynthia Larose, Brent Douglas
Did you know that the world is now inhabited by creatures called Pokémon? (Or maybe they’ve always been there?) Some run across the plains; others fly through the skies; and some live in the mountains….and some, yes, some, are located right in your workplace.
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California Federal Court Reminds Employers That They Must Carefully Navigate Disability Accommodation Process
July 19, 2016 | Blog | By Natalie C. Groot
The obligation to accommodate a disabled employee is an ongoing one; a doctor’s note may not be a prerequisite to engage in the interactive process – those are two important lessons that employers should take away from a recent decision by a California Federal district court.
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This post continues our examination of the Department of Labor’s suite of final fiduciary and conflict of interest regulations. Our previous posts discussed the newly expanded definition of “investment advice fiduciary”; the “best interest contract” (or BIC) exemption; and the new class exemption for principal transactions.
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Innocents Abroad: Employer Considerations When Sending Employees on International Assignments or Business Travel
July 13, 2016 | Blog
I’m writing to inform you that I am being transferred to our Rio de Janeiro office next month for a twelve month assignment. It’s a bit daunting, but I am confident that the help you have provided me in establishing policies and practices will serve my interests and the interests of the company.
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The Impact of Recently Proposed Regulations on Ineligible Nonqualified Plans Under Internal Revenue Code § 457(f)
July 7, 2016 | Blog
The Treasury Department and the Internal Revenue Service recently issued comprehensive proposed regulations governing nonqualified plans subject to tax under Internal Revenue Code § 457. Code § 457 prescribes the tax rules that apply to “eligible” and “ineligible” nonqualified deferred compensation plans.
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