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Few Will Benefit from Retroactive Increase in Transit Exclusion

Only a limited number of employees may benefit from federal legislation that retroactively extended parity between qualified parking and transit benefits, based on new IRS guidance. Notice 2015-2 instructs employers on applying a retroactive tax exclusion to commuters who used part of their 2014 salary to pay for mass transit commuting expenses or received a […]

Number of States Allowing Medical Marijuana Expected to Grow

Maryland is expected to soon become the 19th state to legalize medical marijuana. Maryland Gov. Martin O’Malley (D) told the Associated Press that he “probably” would sign the measure passed by the Maryland Legislature earlier this month. The bill would allow academic medical research centers to prescribe marijuana to critically sick patients under limited circumstances. […]

Supreme Court Ponders Continuing Duty of Prudence Limits in Tibble

On Feb. 24, the first retirement plan “excessive fee” case was heard by the U.S. Supreme Court. It raises the question of how long a fiduciary must monitor its employer-sponsored plan’s investments — or whether that duty can instead be measured at a single point in time. A lower-court ruling had found the ERISA claim […]

The Electronic Time Bomb on Your Desk

by Albert L. Vreeland Recently, your job as Shepherd of All Things Employment became a lot more complicated (and legally risky) — for reasons you may not even be aware of. On December 1, 2006, the Federal Rules of Civil Procedure were amended to include specific provisions for handling electronically stored information. That may sound […]

News Notes: Employers Winning More ADA Lawsuits

Employers have won a whopping 92% of disability discrimination cases that have gone to trial, according to a new American Bar Association study. Despite the impressive statistics, the Americans with Disabilities Act poses continuing risks for employers. The study did not take into account cases that settled before trial and the high cost of defending […]

Exempt Employees: Court Clarifies That Employers Have No Recourse To Correct Errors If They Have An Actual Practice Of Pay Docking

Docking an exempt employee’s salary is fraught with risk. If your policy is to dock for disciplinary infractions or you improperly dock on a consistent basis, you lose the opportunity to correct illegal deductions—and run the risk of forfeiting exempt status for all workers covered by the policy. A new Ninth Circuit Court of Appeals […]