California Governor Gavin Newsom has signed Assembly Bill (AB) 1867, to create COVID-19 supplemental paid sick leave (CPSL) requirements for employers with 500 or more employees, filling a gap left by the federal Families First Coronavirus Response Act (FFCRA) which
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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DOL Revises FFCRA Regulations in Response to Federal Court Decision Invalidating Parts of the FFCRA
On September 11, 2020, the U.S. Department of Labor (“DOL”) issued revised regulations to clarify certain rights and employer responsibilities under the paid sick leave and expanded family and medical leave provisions of the Families First Coronavirus Response Act (“FFCRA”). …
Federal District Court Strikes Down DOL Joint Employer Rule
A New York federal district court judge has struck down significant portions of the U.S. Department of Labor’s (“DOL”) joint employer rule, which went into effect earlier this year. As a result of this ruling, certain companies may be more…
DOL Publishes New SECURE Act Guidance Regarding Lifetime Income Disclosures
By Julie Edmond
As we noted in our prior blog post, the DOL has announced new guidance, in the form of an interim final rule, implementing the lifetime income disclosure requirement for defined contribution plans that was added to ERISA by the…
What You Need to Know About the New SECURE Act and CARES Act Updates to the § 402(f) Safe Harbor Rollover Notice
By Julie Edmond
The IRS recently released Notice 2020-62, which updates the safe harbor explanations that may be used to satisfy the notice requirement for eligible rollover distributions, also referred to as the “Safe Harbor Notices.” These changes to the Safe Harbor…
New SECURE Act Guidance: Lifetime Income Disclosures for 401(k) and 403(b) Plans
By Julie Edmond
On August 18, 2020, the Department of Labor (“DOL”) announced new guidance on lifetime income disclosures that must be included in pension benefit statements furnished to participants in defined contribution plans, such as 401(k) and 403(b) plans. This guidance, issued…
Supreme Court Closes Door to Participant Challenges to Defined Benefit Plan Investments
The extent to which a participant in a tax-qualified defined benefit plan has standing to sue the plan’s fiduciaries for mismanagement of plan assets has long been unclear. The argument against standing is that the participant has not suffered any…
Electronic Disclosure Rule for Pension Plans Finalized
By Inside Jobs
On May 27, 2020, the Department of Labor (“DOL” or “Department”) published a final rule providing an alternative safe harbor for furnishing ERISA pension plan disclosures electronically on a website or via email. We previously blogged about the proposed rule…
U.S. Supreme Court Holds Title VII Prohibits Discrimination Based on Sexual Orientation and Gender Identity
In an important civil rights development, the U.S. Supreme Court today issued a 6-3 opinion in Bostock v. Clayton County, Georgia, holding that gay and transgender employees are protected under the prohibition against workplace sex discrimination in Title VII of…
Much Ado About Nothing Much New: IRS Issues GLAM Addressing Payroll Taxation of Equity Compensation
On May 22, 2020, the IRS released a Generic Legal Advice Memorandum, GLAM 2020-004, which addresses the timing of the taxation and withholding of payroll taxes on certain stock-settled awards issued to employees. Specifically, the GLAM focuses on the…