Akerman LLP

In collaboration with the world’s most successful enterprises and entrepreneurs, Akerman LLP is a client-driven enterprise. As ranked within the top 100 U.S. law firms, they assemble hand-picked teams for every engagement for navigating change, seizing opportunities, and to assist in overcoming barriers on innovation. With more than 700 lawyers and professionals across 25 offices, Akerman works to create better opportunities for the future through their financial services, real estate, and other dynamic sectors.

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Health Law Rx

House Passes Bill that Would Repeal Health Insurer Antitrust Exemption

By James M. Burns

September 24, 2020

The U.S. House of Representatives passed H.R. 1418, the “Competitive Health Insurance Reform Act,” by a voice vote on September 21. The legislation, which was introduced back in early 2019 by Congressman Peter DeFazio (D-Oregon), would reduce the scope of the McCarran Ferguson Act’s antitrust exemption, which currently provides insurers with an exemption from the federal antitrust laws. Notably, similar legislation has repeatedly been introduced over the last ten years (by Congressman DeFazio,…

HR Defense

Background Checks and the Fair Credit Reporting Act: Keep It Simple!

By Kimberly Rivera

September 22, 2020

Employers who conduct background checks, beware! It might be time to revisit your standard documents and screening processes to ensure they comply with the Fair Credit Reporting Act (FCRA). The number of lawsuits brought under the FCRA has more than doubled since 2009. FRCA litigation was the highest on record at the close of 2019, and continues to rise. Many of these cases have been brought on a class basis for purely procedural violations and…

SALT Insights

Illinois’ New Fast Track Resolution Program: A Tax Appeal Option Worth Considering

By David Blum & Emily Fiore

September 21, 2020

The Illinois Audit Fast Track Resolution (“FTR”) program is now available for all Illinois sales and miscellaneous tax audits except for Motor Fuel Use Tax. The Department published Informational Bulletin FY 2021-01 this month highlighting the details of the program, including information on the application process, the program’s advantages, the conference process, and withdrawals. Additionally, the bulletin clarifies that if a resolution is not reached through FTR, the taxpayer will retain all its original statutory…

HR Defense

Department of Labor Addresses Court Ruling By Issuing New FFCRA Leave Regulations

By Paul J. Rutigliano

September 16, 2020

In response to a New York federal court striking certain aspects of the Department of Labor’s regulations interpreting the Families First Coronavirus Response Act (FFCRA), last week the DOL issued a revised Temporary Rule (the “Revised Rule”), in some ways resisting and in others yielding to the court’s ruling. In particular, the Revised Rule maintains the DOL’s prior positions that FFCRA leave is available only if the employer has work available for the employee…

HR Defense

Employers Not Racing to Implement Employee Payroll Tax Deferral

By Karen M. Buesing & Montaye Sigmon

September 14, 2020

Offering eligible workers the option to suspend the employee share of Social Security payroll taxes through year-end may sound good at the moment, but concerns about next year are leaving many employers wary. Indeed, the Wall Street Journal reported that some of the nation’s largest employers have rejected the President’s payroll tax deferral plan, and Bloomberg reported that no major private employer has stepped forward to take advantage of the plan. Under guidance issued by…

HR Defense

Employees Are Responsible for Logging Remote Work Hours

By Adrienne Scheffey

September 9, 2020

Employers have struggled with identifying remote working hours for non-exempt employees juggling telework, child care and/or virtual learning during the pandemic. Employees will now bear the burden of properly recording those hours, under new enforcement guidance issued by the Department of Labor (DOL) in late August.…

HR Defense

Labor Day – More than just Barbecues and Parades

By Amy Moor Gaylord

September 4, 2020

As summer winds downs, employers and employees alike look forward to a leisurely three-day weekend typically spent with family and friends, enjoying the remaining days of summer warmth, perhaps readying kids to go back to school or college. Except this Labor Day will likely be anything but typical. With crowded activities such as parades and fireworks displays canceled due to social distancing precautions, we may find ourselves spending the weekend hanging out in our backyards…

HR Defense

Screening Employees for Symptoms: Perils and Pointers

By Karen M. Buesing

September 1, 2020

Screening employees for symptoms of COVID-19 is critical to limiting both the spread of the virus and a company’s exposure to claims that it did not do enough to protect its employees. But screening itself can create other liabilities, so you will want to be sure your process follows recommended federal, state and local regulations and guidance. Both the U.S. Centers for Disease Control and the Occupational Safety and Health Administration recommend that employers consider…

SALT Insights

IRS Issues Limited Guidance On Employee Payroll Tax Deferral and Puts Onus on Employers

By Stefi George

August 31, 2020

On August 8, 2020, President Trump issued a Memorandum to the Secretary of the Treasury authorizing the deferral of payroll taxes for certain employees from September 1, 2020 through December 31, 2020. Employers and payroll processors have eagerly awaited guidance from the IRS to address significant questions regarding implementation of the deferral. Late Friday, just days in advance of the September 1st implementation date, the IRS released Notice 2020-65, 2020-38 IRB 1, implementing the deferral…

HR Defense

Longer Than Expected Layoffs May Trigger Notice Requirements

By Tiffany D. Hendricks

August 25, 2020

Back in the spring, when COVID-19 first forced the shutdown of many businesses, did your company temporarily furlough or lay off workers? If so, pay attention to that calendar, as six months may be rapidly approaching. As we noted in our prior blog, certain layoffs and reductions in hours that last longer than six months trigger federal notice requirements under the federal Worker Adjustment and Retraining Notification Act (WARN Act), so if those short-term…

Akerman LLP

Akerman LLP Blogs

Blog Authors

House Passes Bill that Would Repeal Health Insurer Antitrust Exemption

Background Checks and the Fair Credit Reporting Act: Keep It Simple!

Illinois’ New Fast Track Resolution Program: A Tax Appeal Option Worth Considering

Department of Labor Addresses Court Ruling By Issuing New FFCRA Leave Regulations

Employers Not Racing to Implement Employee Payroll Tax Deferral

Employees Are Responsible for Logging Remote Work Hours

Labor Day – More than just Barbecues and Parades

Screening Employees for Symptoms: Perils and Pointers

IRS Issues Limited Guidance On Employee Payroll Tax Deferral and Puts Onus on Employers

Longer Than Expected Layoffs May Trigger Notice Requirements

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