Nearly once a week, I receive a frantic call or email from a current or potential client who has received a proposed or final assessment from the IRS related to Affordable Care Act (“ACA”) reporting. So-called “Applicable Large Employers” (“ALEs”)
All Things HR
All Things HR, published by Dickinson Wright, focuses on labor and employment law topics relevant to human resources professionals and employers. The blog covers issues such as employer liability for harassment, negligent hiring and training, employee rights and workplace policies, state-specific employment law updates, and regulatory compliance. It addresses practical legal challenges faced by employers, including handling third-party harassment, background checks, non-compete agreements, employee personnel file access, and evolving state legislation affecting employment practices. The content is aimed at helping employers navigate legal risks and implement compliant HR policies across various jurisdictions.
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Remote Employees Participating in Employee Benefit Plans – What’s Local Law Got to Do with It?
Recently, a client called about a remote employee who was moving from the company’s primary location to a different state, and would continue working for the company. The company had no other employees in the new state and the client…
FTC Declares Employees Free from Most Noncompetes, But How Far Does the Ban Go and Will It Last?
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Why Establish a Fiduciary Committee for Welfare Benefit Plans?
Many plan sponsors have read about the lawsuit filed against Johnson & Johnson alleging that it breached its fiduciary duties with regard to the prescription drug component of its group health plan, causing participants to “overpay” for their prescriptions. Lewandowski…
Title IX Update
It is now spring, and if you are an educational entity, it is now the season to begin preparations for summer professional development for the upcoming school year. So you may be wondering: 1) What is going on with Title…
A New Era of Maternity Rights: Understanding the PWFA and the PUMP Act
Within the past year, the rights of pregnant workers have considerably increased within the workplace. The expansion started with the Pregnant Workers Fairness Act (“PWFA”), which President Biden signed into law in late 2022. The PWFA took effect in June…
No Vaccine, No Employment? Know Your State Law
The new Texas ban on vaccine mandates may be just the start.
COVID-19 vaccination mandates have been the subject of litigation and the target of state legislation since the vaccines became readily available. While several states enacted laws that prohibited…
The Difficulty of Defining a Disability—Anxiety
In today’s world, countless individuals suffer from anxiety in its various forms. According to the World Health Organization, in 2019, 301 million people in the world had an anxiety disorder, which makes anxiety disorders “the most common of all mental…
Growing Pains: Cultivating Effective Workplace Policies in a Recreational Cannabis State
With the November 7 passage of Issue 2, effective December 7, 2023, Ohioans will be able to purchase and possess up to 2.5 ounces of cannabis and grow marijuana plants in their home. Ohio is the 24th state to allow…
Mastering Retirement Plan Forfeitures: A Deep Dive into IRS’s 2023 Proposals & Fiduciary Litigation Trends
When a participant terminates employment without being fully vested in their qualified retirement plan account, the non-vested portion of the account is a “forfeiture.” While forfeitures are a common element of most retirement plans, many plan sponsors remain unclear on…