20 November 2017

Merry Christmas! Your Gift Of Coal: A Pay Or Play Penalty Assessment

As J. Fred Coots sang, “He’s making a list, he’s checking it twice; He’s gonna find out who’s naughty [read paid] or nice [read played].”  On November 2, 2017, the IRS quietly announced that beginning in late 2017, it will send applicable large employers (ALEs) notices of proposed pay or play penalties for the 2015 […]

26 October 2017

2018 Annual Limits for Retirement Plans, HSAs and Medical FSAs Announced

The IRS recently released inflation-adjusted limitations that apply to retirement plans, health savings accounts (“HSAs”) and medical flexible spending accounts (“FSAs”) for 2018. Social Security Taxable Wage Base for 2018 The Social Security Administration recently announced that the maximum amount of earnings subject to Social Security tax will remain the same at $128,400. Retirement Plan […]

19 September 2017

Annual Notice Requirements for Employer Group Health Plans for 2018

Many group health plans use a calendar year based plan year.  As a result, autumn is a common time for group health plans to hold their annual open enrollment periods.  The annual open enrollment period is a convenient time for employers to satisfy their annual participant notice obligations.  To aid employers with this process, here […]

30 August 2017

EEO-1 Report Pay/Hours Worked Changes on Hold

On August 29, 2017 the Federal Office of Management and Budget (OMB) halted the EEOC’s proposed EEO-1 Report changes after a review of the data collection requirements pursuant to the Paperwork Reduction Act.  OMB issued an immediate stay of the EEOC’s collection of pay and hours worked data from covered businesses, which are estimated to […]

24 August 2017

Court Orders EEOC to Try Again in Drafting Wellness Program Regulations Under the ADA and GINA

Highlights The U.S. District Court for the District of Columbia has ordered the EEOC to reconsider its previously issued regulations regarding permissible wellness programs under the ADA and GINA.  However, the EEOC’s current regulations remain in force while the EEOC conducts this reconsideration. Background The Americans with Disabilities Act (“ADA”) generally prohibits employers from requiring […]

23 August 2017

Federal Contractor Pays $3.2 Million in OFCCP Case

Federal government contractors who thought the Department of Labor’s Office of Federal Contract Compliance Programs (OFCCP) was on the ropes or being phased out, got a huge wake-up call last week.   Six months into the new Trump Administration, OFCCP wrangled one of the largest compliance review settlements in years, and one of the largest in […]

03 August 2017

USCIS Issues Revised Form I-9

The U.S. Citizenship and Immigration Service released a revised Form I-9, Employment Eligibility Verification, on July 17, 2017. On the surface, the revisions to the new I-9 are minimal: The Office of Special Counsel for Immigration-Related Practices has been renamed the Immigrant and Employee Rights Section; and The words “the end of” have been removed […]

31 July 2017

Revised School Code Changes Begin in Michigan

The Transition From “Zero Tolerance” To “Restorative Practices” Begins Now –  Are You Ready? On August 1, 2017, the much anticipated changes to the Revised School Code, which significantly impact the manner in which public and private Michigan schools are expected to handle suspensions and expulsions, become effective. In short, school officials are now required […]

22 June 2017

Two Minute Legal Update: Merger of EEOC and OFCCP Ahead?

You’ve probably read about the proposed merger of the Labor Department’s OFCCP into the Equal Employment Opportunity Commission.  This has been touted by the White House as a budget trimming step to consolidate overlapping federal agency functions.  The theory is that OFCCP and EEOC perform duplicate roles, so they should become one agency. Now, the difficulty […]