HR Articles
June 22, 2010
Todd Solomon The IRS has recently issued several pieces of guidance related to the filing of the Report of Foreign Bank and Financial Accounts, IRS Form TD F 90-22.1 (“FBAR”), by pension plan sponsors. While the IRS has relieved some of the filing obligations, most notably the requirement for plans to file for foreign hedge fund investments for 2009 and prior years, certain filing obligations remain. Full Story
June 21, 2010
Ogletree, Deakins, Nash, Smoak, & Stewart, P.C. This morning, with Justice Antonin Scalia writing a unanimous opinion, the
U.S. Supreme Court ruled in a case brought by a group of African-American
firefighter applicants who alleged that the city of Chicago's applicant
selection process had a disparate impact on African-Americans in violation
of Title VII of the Civil Rights Act of 1964. Specifically, the applicants
challenged the city's decision to exclude employment applicants who did
not achieve a certain score on an examination – but not the city's
decision to adopt that employment practice. Full Story
June 21, 2010
Nicholas Tomilinson and Andrea L. Bailey - Baker Donelson The health care reform package enacted earlier this year contains a number
of provisions that will require various federal agencies to issue guidance
on their implementation over the coming months. The first regulations were
recently issued and contain guidance regarding the new provisions covering
health plan participants' children. Full Story
June 21, 2010
Henry Sledz, Jr. and Ashley L. Thompson - Schiff Hardin LLP On April 22nd, a bill was introduced in both the United States House and
Senate titled the Employee Misclassification Prevention Act
("EMPA" or "Act"). H.R. 5107; S. 3254. The Act
would amend the Fair Labor Standards Act ("FLSA") to introduce
measures designed to prevent the misclassification of independent
contractors Full Story
June 21, 2010
Nancy Lashnits - Ballard Spahr LLP Employers should be alert to significant new legislative and judicial
developments in the collection and payment of payroll taxes.Payroll Tax Exemption for New Hires. The
Internal Revenue Service has released a new tax form to help employers
claim the payroll tax exemption adopted into law by the Hiring Incentives
to Restore Employment Act (HIRE Act), signed by President Obama on March
18, 2010. Full Story
June 7, 2010
Dennis Portnoy When an employee dies, there is an natural disaster, layoffs, violence or an accident at work HR is on the front lines. Distressed employees look to HR for emotional support and practical answers . The HR professional has to deliver bad news, arrange funeral details and deal with grief stricken employees and family members. HR is also impacted by the event, often has a personal connection with the affected employee and needs to manage their own reactions to trauma. Caught up in the windstorm of trauma it is easy to put everyone else’s needs before your own self-care. Being exposed to the anxieties and reactions of others without attending to self-care increases susceptibility to secondary traumatic stress and impacts effectiveness. Full Story
May 24, 2010
Michael Caldwell - LeClair Ryan For two decades, the Americans with Disabilities Act (ADA) has governedmany of the most common issues faced by employers. The ADA landscapeis now changing, however. A law passed in 2008, and a set of regulationsthat will be issued shortly, are greatly expanding the set of impairmentsor conditions that constitute “disabilities” and trigger anemployer’s obligations to disabled employees. Employers shouldbe aware of how the new regulations broaden their obligations. Full Story
May 24, 2010
Eric Sinrod - Duane Morris LLP In this day and age, practically everyone communicates electronically often
and for a multitude of reasons. This of course, is true in the workplace.
While employees communicate by email for work-related reasons, it is not
uncommon for them also to send emails relating to personal matters. Full Story