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DOL Updates Guidance on Excludable Payments in Overtime Pay Calculations

The US Department of Labor (DOL) has issued a final rule updating its guidance under the Fair Labor Standards Act (FLSA) of what payments and benefits can be excluded when calculating the regular rate of pay on which employee overtime premiums are...By: Morgan Lewis
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Morgan Lewis | Dec 18,2019 |

Year-End Spending Bill Includes Tax Extenders, Disaster Tax Relief

Just past midnight on Dec. 17, lawmakers released an amendment to one of two spending bills released on Dec. 16—H.R. 1865—the Further Consolidated Appropriations Act of 2020. Most notably, the amendment included an extension for several expiring and...By: Brownstein Hyatt Farber Schreck
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New York Bans Discrimination, Retaliation Based on Employee Reproductive Health Decisions

A New York State law, effective as of November 8, prohibits employers from discriminating or retaliating against employees based on an “employee’s or a dependent’s reproductive health decision making,” including, but not limited to, an employee’s...By: Morgan Lewis
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Morgan Lewis | Dec 18,2019 |

IRS Reiterates Requirement to Sign Plan Documents and Amendments

At the heart of tax qualified retirement plan compliance is a requirement to timely adopt plans and plan amendments. Failure to adopt plan amendments when required can result in plan disqualification. Accordingly, it is very important for plan...By: Proskauer - Employee Benefits & Executive
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Some random thoughts on the retirement plan business

1. Cost is an overused consideration for picking plan providers, value and quality are underused. 2. Target benefit plans are the Boo Berry Cereal of retirement plans. You know they exist, but you rarely see them....By: Ary Rosenbaum
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Ary Rosenbaum | Dec 18,2019 |

DOL Overtime Rules

In September, the U.S. Department of Labor issued a long-awaited final rule updating the compensation requirements for the FLSA’s executive, administrative, and professional exemptions. The 2019 Final Rule is effective January 1, 2020....By: Jaburg Wilk
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Jaburg Wilk | Dec 18,2019 |

NLRB Restores Employers’ Right to Restrict Employees’ Personal Use of Company Email and Other IT Resources

In Caesars Entertainment d/b/a Rio All-Suites Hotel and Casino, Case 28-CA-060841 (December 16, 2019), the National Labor Relations Board (NLRB) ruled that employees do not have a statutory right under the National Labor Relations Act (NLRA) to use...By: Ogletree, Deakins, Nash, Smoak & Stewart,
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Six FLSA Resolutions for the New Year

With the minimum guaranteed salary requirement for the most common Fair Labor Standards Act exemptions being raised from $23,660 to $35,568, effective January 1, 2020, under a final rule issued by the U.S. Department of Labor (DOL), now seems like an...By: Bradley Arant Boult Cummings LLP
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2019 Incentive Stock Option & Employee Stock Purchase Plan Reporting

Now that 2020 is almost here, corporations should be aware of IRS reporting requirements regarding certain 2019 stock transactions with their employees. Section 6039 of the Internal Revenue Code of 1986, as amended (the “Code”), requires a...By: Bracewell LLP
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Bracewell LLP | Dec 18,2019 |

AB 51 Faces Preemption and Injunction Challenge

California’s AB 51, barring mandatory arbitration agreements in employment, is now facing preemption and injunction challenges. On December 6, 2019, the U.S. Chamber of Commerce, California Chamber of Commerce, and several other business...By: Stokes Wagner
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Stokes Wagner | Dec 18,2019 |
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