Contractual limitations periods provide parties on both sides of an agreement certainty regarding the filing of a potential action. But many employers do not know that they may include such contractual limitations periods in their employment applications and agreements. Those
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ACA Reporting Update: Some Relief and Process Streamlining for Employers
Applicable large employers (“ALEs”) are subject to reporting requirements under the Affordable Care Act (the “ACA”). To comply with the reporting requirements, an ALE must file a Form 1095-C with the IRS reporting certain information about the ALE’s offer of
Should You Use a Performance Improvement Plan?
A Performance Improvement Plan (“PIP”) is a long-standing HR tool for managing underperforming employees. Employers often use a PIP to document deficiencies and outline specific goals the underperforming employee must reach within a specific timeframe.
While PIPs sound good in
If the Deadline for Self-Correcting Retirement Plan Errors Is Indefinite, Why Do I Have to Hurry?
Section 305 of SECURE 2.0 added rules for self-correcting a new category of retirement plan errors under the Employee Plans Compliance Resolution System (“ECPRS”). Specifically, Section 305 allows an “eligible inadvertent failure” to be self-corrected at any time, even if
Both Employers and Participants Benefit from New IRS Guidance on Correcting Inadvertent Benefit Overpayments
Retirement plan administration mistakes require difficult conversations with participants, especially when the mistake involves an overpayment. Changes in the law, specifically, SECURE 2.0 and IRS Notice 2024-77, give plan fiduciaries additional flexibility when addressing overpayments.
Overpayment of Matching Contributions
Consider
Employer-Provided Gifts: Taxable or Not?
As we approach the holiday season, many employers consider giving employees a gift as a token of appreciation. What employers may not consider is whether those gifts create taxable income to employees.
Although gifts are generally not taxable to the
Hold Up, Wait a Minute: Judge Blocks Salary Threshold Increase and Rolls It Back to Pre-July 2024
On Friday, November 15, 2024, a federal judge blocked the U.S. Department of Labor’s Final Rule (29 CFR Part 541), which would have increased the salary threshold for the Fair Labor Standard Act’s (“FLSA”) “white-collar” overtime exemption, which was
Can an Expert Define and Determine What Constitutes Discrimination?
In employment discrimination cases, the parties often retain experts to opine about various aspects of the case. An expert may provide, for example, insight as to job performance issues or, in many instances, determine the nature and scope of an
The Ultimate Holiday Party Planning Guide: HR Edition
There’s glitter on the floor after the party
Girls carryin’ their shoes down in the lobby
Candle wax and Polaroids on the hardwood floor
You and me from the night before
-Taylor Swift, “New Year’s Day”
Glitter should be the
The Freedom—and Limits—of Political Speech in the Workplace
With the 2024 election quickly approaching, employers should expect an increase in political conversation and activity in the workplace. It is essential during political seasons for both employers and employees to understand how to navigate political speech and activity to