Ten months ago the California Supreme Court rendered its unanimous decision in Dynamex Operations West, Inc. v. Superior Court, a case that articulated a new standard for classifying employees and independent contractors. Given the importance of this decision, we provided
Inside Jobs
Employment and Benefits
Inside Jobs is a blog published by Covington & Burling LLP that focuses on employment law and workplace regulatory developments. It covers legislative changes, compliance obligations, and enforcement trends affecting employers and employees, including topics such as employment rights reforms, anti-discrimination laws, pay transparency, equal pay, and the impact of emerging technologies like AI on employment practices. The blog also addresses government guidance and agency priorities related to workplace discrimination, labor standards, and workforce management. It serves as a resource for understanding legal and policy shifts in employment law, particularly in the United States and California.
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New Rules for Noncompetition Agreements in Massachusetts
On October 1, 2018, the Massachusetts Noncompetition Agreement Act (the “Act”) came into effect, creating several new requirements for noncompetition agreements between employers and service providers based in Massachusetts. The new law does not impact agreements entered into before October…
Proposed Regulations Allow HRA Integration of HRAs with Individual Health Insurance Plans
On October 29, 2018, the Departments of the Treasury, Health and Human Services, and Labor jointly issued proposed regulations providing employer plan sponsors greater flexibility in integrating health reimbursement accounts (HRAs) with other health insurance coverage. The proposed regulations would…
Beware Laws Intersecting Benefit Concierge Services
By Inside Jobs
(This article was originally published in Law360 and has been modified for this blog.)
Employers commonly offer a wide array of employee benefit plans and programs. In addition to traditional staples, many employers today offer an employee assistance program, dependent…
New § 4960 of the Internal Revenue Code Imposes an Excise Tax on Compensation Paid to the Top Five Employees of Tax-Exempt Organizations
As part of the Tax Cuts and Jobs Act of 2017, Congress enacted new § 4960 of the Internal Revenue Code. Section 4960 imposes an excise tax on certain executive compensation paid by tax-exempt organizations – similar to the $1…
Executive Order on Strengthening Retirement Security in America: Impact on Required Minimum Distributions from Defined Contribution Accounts
By Inside Jobs
On the last day of August, the Trump administration signed an executive order proposing a number of changes which the administration says is intended to strengthen retirement security in America, specifically, by expanding access to multiple employer plans and reducing…
Incentive Plans and Shareholder Approval After Tax Reform
This article originally appeared in Law360.
Companies have had a lot to digest since the passage of the Tax Cuts and Jobs Act (the “TJCA”) late last year. But for executive compensation attorneys and professionals who work with or…
ERISA Litigation Surging – Focus on Fees
By Inside Jobs
After a few years of decline, litigation involving 401(k) plans “has surged again recently,” according to a study published by the Center for Retirement Research at Boston College. This is likely not news to 401(k) sponsors and service providers, who…
DOL Finalizes Highly Anticipated Rule Aimed at Expanding Access to Association Health Plans
By Nick Pastan
In January, we posted about the Department of Labor’s (DOL or the “Department”) proposed rule to allow more Association Health Plans (AHPs) to be regulated as large group health plans. The proposed rule garnered national attention and the Department received…
Reducing Required Minimum Distributions from a Defined Contribution Plan: The Spousal Rollover IRA
By Julie Edmond
During a participant’s lifetime, required minimum distributions (“RMDs”) from a defined contribution plan are relatively small in size. Less favorable treatment may apply after the participant’s death, depending on the distribution options offered by the plan, the form of distribution…