Searching Content indexed under Employee Benefits & Compensation by Holland & Knight ordered by Published Date Descending.
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California Supreme Court Confirms Unpaid Wages Not Recoverable As "Civil Penalties" Under PAGA
The favorable ruling for employers curtails PAGA's reach and should help to limit runaway settlement demands in PAGA cases.
United States
14 Oct 2019
New California Law Codifies – And Expands – Strict ABC Test For Independent Contractor Status
There are numerous exemptions from the "ABC" test, and each exemption has its own set of complex requirements.
United States
1 Oct 2019
DOL Issues Final Regulations For Salary Cutoff Amount For Overtime Exemption
The employee's primary duty must be office or nonmanual work.
United States
30 Sep 2019
Prepare To Implement Paid Family And Medical Leave Under New Massachusetts Law
Massachusetts employers should be making their final preparations for the Massachusetts Paid Family and Medical Leave program in advance of the Oct. 1, 2019, effective date for payroll deductions.
United States
23 Sep 2019
EEOC Won't Require Employers To Produce EEO-1 Component 2 Data After This Year
As mentioned in previous Holland & Knight alerts, employers are required, by Sept. 30, 2019, to produce to the U.S. Equal Employment Opportunity Commission what is referred to as EEO-1 Component 1 data, ...
United States
19 Sep 2019
Be Prepared For New Federal Overtime Rule Regarding Salary
It is expected that the U.S. Department of Labor (DOL) will set a new salary threshold in the near future for the various exemptions to overtime pay under the Fair Labor Standards Act.
United States
19 Sep 2019
Ninth Circuit Decisions Overrule 35-Year Precedent In ERISA Arbitration Disputes
In a pair of opinions issued on Aug. 20, 2019, the U.S. Court of Appeals for the Ninth Circuit expressly overruled its 35-year precedent that Employee Retirement Income Security Act disputes were not arbitrable.
United States
29 Aug 2019
CMS Releases Fiscal Year (FY) 2020 Inpatient Prospective Payment System (IPPS) Final Rule
The rule will affect discharges occurring on or after October 1, 2019.
United States
14 Aug 2019
Predictive Scheduling Comes To Chicago With Passage Of Fair Workweek Ordinance
The Chicago City Council recently passed the Fair Workweek Ordinance (SO2019-3928), and Mayor Lori Lightfoot is expected to sign the Ordinance.
United States
9 Aug 2019
Connecticut Enacts Business Tax Credit For Student Loan Assistance
Qualified employees only include those who are residents of Connecticut.
United States
23 Jul 2019
Latest Developments And Deadlines Regarding The New Massachusetts PFML Law
Employers must begin payroll deductions for PFML contributions on Oct. 1, 2019.
United States
23 Jul 2019
U.S. Supreme Court Reaffirms Primacy Of Federal Law On Outer Continental Shelf
U.S. Supreme Court reaffirms primacy of federal law on Outer Continental Shelf holding state law may not be adopted where federal law already addresses the issue.
United States
22 Jul 2019
Multistate Claims For Product Labeling Fraud Require Specification Of Other States' Laws
In Augustine v. Talking Rain Beverage Co., Inc., No. 18-cv-2576-CAB-BGS, 2019 WL 1590469 (S.D. Cal. April 12, 2019), the court dismissed a putative nationwide class action for fraud by omission...
United States
22 Jul 2019
80/20 Rule Still Followed In Some Parts
Therefore, the court denied judgment on the complaint.
United States
22 Jul 2019
Religious Institutions Update: June 2019
Government surveillance of individuals due to their religious identity is actionable under federal law.
United States
1 Jul 2019
Massachusetts Delays Start Of Required Paid Family And Medical Leave Contributions By 3 Months
Late on the afternoon of June 11, 2019, Massachusetts Gov. Charlie Baker, Senate President Karen Spilka and House Speaker Robert DeLeo announced an agreement
United States
24 Jun 2019
Update On Deadlines And Employer Obligations Under The New Massachusetts PFML Act
The Massachusetts Department of Family and Medical Leave (Department) continues to issue guidance on the Massachusetts Paid Family and Medical Leave Act (PFML), which takes effect on July 1, 2019.
United States
17 Jun 2019
Limited Ability To Submit Your Individually Designed Plan For A Determination Letter
Effective Sept. 1, 2019, the sponsors of certain retirement plans may submit their plans to the Internal Revenue Service (IRS) for review of a determination letter application.
United States
5 Jun 2019
IRS Adds 2019 Updates To Operational Compliance List
The Internal Revenue Service (IRS) has updated its Operational Compliance List for retirement plans with a number of changes that take effect in 2019, with a focus on changes to hardship distributions
United States
4 Jun 2019
DOL Issues Guidance On Independent Contractors In The "Gig Economy"
The U.S. Department of Labor (DOL) issued an opinion letter (FLSA 2019-6) on April 29, 2019, setting forth its position on when service providers obtaining work
United States
21 May 2019
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