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Criticism in store for Obama’s choice for DOL

President Barack Obama’s choice of Thomas E. Perez for secretary of the U.S. Department of Labor is likely to face tough questions during the process of confirmation by the Senate. If confirmed, Perez will replace Hilda L. Solis, who stepped down as labor secretary in January after serving in the post four years. Foes of […]

IRS Notice Provides Relief Regarding Non-Qualified Deferred Compensation Plans

The IRS recently issued Notice 2007-100, which gives employers an opportunity to correct unintentional operational mistakes concerning nonqualified deferred compensation plans. Internal Revenue Code Section 409A, which covers these plans, specifies the manner in which they must be reported to avoid premature taxation. The notice gives employers the opportunity to self-correct unintentional operational errors—the failure […]

FLSA’s Emergency Exemption May Apply to Some Boston Employees

Emergency situations — such as the April 15 explosions during the Boston Marathon — can result in employees performing multiple job duties. For example, a store manager may have spent time cleaning up glass and debris in and around the store. This type of work does not normally qualify as the manager’s duty; however, the […]

Health Reform Means Different Things for FSAs and HSAs

There is some persistent confusion over what the implementation of the health reform law means for health flexible spending accounts and health savings accounts. The short answer is that with one exception, employers and plan administrators must follow different steps for health FSAs and HSAs. Understanding these steps is crucial, because the time to prepare […]

News Flash: Employer Jailed Following Investigation Of Pension Plan

Russell Crawford, the former owner of Valley Building Materials in Canoga Park, was ordered to spend six months in jail plus 10 months of home confinement for embezzling more than $700,000 from employee pension plans. Following a joint investigation by the U.S. Department of Labor and the FBI, Crawford reportedly admitted draining the company’s profit […]

Litigation Trends: More Regulation, More Investigations, (A Little) Less Litigation

Regulatory actions and internal investigations are climbing, according to the 2011 Fulbright & Jaworski Litigation Trends Survey; however, businesses faced slightly less litigation in 2011 than in 2010. More than one-third of respondents report there has been an increase in external regulatory inquiries directed at their companies, and more than one-quarter of respondents expect the […]

DOL Finalizes FMLA Military Exigency Rules, Including Intermittent leave

The U.S. Department of Labor on Feb. 5 finalized a long-awaited rule ensuring that families of eligible veterans have the same right to job-protected FMLA leave as families of military service members. The final rule also ensures the rights of military families to take leave to attend to financial matters and other types of day-to-day issues […]

Federal Court Rules Health Care Reform Provision Unconstitutional

Yesterday, the U.S. District Court for the Eastern District of Virginia held that the individual health insurance mandate provision found in the Patient Protection and Affordable Care Act (PPACA), the comprehensive health care reform legislation that President Barack Obama signed into law in March 2010, is unconstitutional. The individual mandate would require most individuals to […]