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Reevaluating Paid Time Off and New Challenges


By on Jan 15, 2015
Posted In Employment, Labor

Cost containment evaluation and strategies relating to overall management of human capital costs remain a continual struggle for many organizations.  Labor costs, far and away, continue to be the largest cost for many organizations.  Consequently, this has resulted in an organizational focus on ways to create efficiencies within their existing benefits programs.  Interestingly, it appears...

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California Imposes Mandatory Sick Leave Law


By and on Jan 14, 2015
Posted In Employment

On September 10, 2014, California’s Healthy Workplaces, Healthy Families Act of 2014 (California’s sick leave law) became law.  The new law requires most employers to allow employees to accrue up to three days of paid sick leave per year based on an accrual of at least one hour of paid sick leave for every 30...

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Health and Welfare Plan Requirements Checklist for Employers


By on Jan 6, 2015
Posted In Health and Welfare Plans

This article provides a list of 2014 and 2015 health and welfare compliance initiatives that require action by employers, including preparation for upcoming fees and penalties under the Affordable Care Act, filing of required forms and distribution of relevant notices. Read the full article.

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Please Join McDermott Partner Todd Solomon at the Illinois Fiduciary Summit


By on Dec 4, 2014
Posted In Fiduciary and Investment Issues

On Thursday, December 11, 2014, Chicago partner, Todd Solomon will speak at the Illinois Fiduciary Summit at Hyatt Lodge at McDonald’s Campus. Joined by additional keynote speakers from Wells Fargo and Crowe Horwath, Todd will discuss various topics important to retirement plan committee decision makers, including: Top 10 Fiduciary Pitfalls 401(k) & 403(b) Plan Sponsors...

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View From McDermott: A New Type of ERISA-Based Hold-Up—The Rise of Out-of-Network Provider Suits Against Self-Funded Health Care Plans


By on Dec 3, 2014
Posted In Benefit Controversies, Employment, Retirement Plans

Over the past decade, there has been a significant increase in the number of physicians who have dropped out of Preferred Provider Organization (PPO) and Health Maintenance Organization (HMO) networks and attempted to negotiate their own financial reimbursement with insurance companies and self-funded health care plans related to medical treatment provided to participants whose plan...

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UK Employment Alert: Restrictive Covenants: An Important Reminder for Employers


By on Nov 26, 2014
Posted In Employment

The UK Court of Appeal has handed down its decision in Rodgers v Sunrise Brokers LLP [2014] EWCA Civ 1373, a case in which the High Court ruled that an employee who resigned in breach of contract remained employed by the employer, and was not entitled to be paid if he refused to come back...

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New Information Rights for French Employees of SMEs that May Be Sold


By and on Nov 13, 2014
Posted In Employment

A law has been passed in France to encourage French employee buy-outs of small and medium-sized companies (SMEs). In companies with fewer than 250 employees, an owner will be required to inform French employees of an intent to sell the business or a majority share of the business no later than two months before the...

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New Cafeteria Plan Change in Status Options


By on Oct 31, 2014
Posted In Health and Welfare Plans

In Notice 2014-55, the Internal Revenue Service (IRS) announced two new situations in which employees may change their health plan elections midyear under their employer’s cafeteria plan.  In the first, an employee’s hours are reduced below 30 per week (without a corresponding loss of eligibility for the employer’s group health plan).  In the second, an employee...

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Retention Agreements or Severance Pay Arrangements: What’s the Difference and What are the Considerations?


By on Oct 24, 2014
Posted In Employment

As the economy continues to rebound and the United States again starts to see more movement in the employment market, employers are once again revisiting their severance pay and retention policies and developing an underlying rational of whether or not to provide these benefits and if so, how broadly among their workforce. However, it has...

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PBGC Intends to Monitor Lump-sum and Annuity Cashouts Under Defined Benefit Plans


By on Oct 15, 2014
Posted In Retirement Plans

The Pension Benefit Guaranty Corporation (PBGC) stated in a filing published in the Federal Register on September 23, 2014, that it intends to require that plan sponsors report to the PBGC “certain undertakings” to cashout or annuitize benefits for specified groups of employees under defined benefit pension plans.  PBGC intends to make this reporting part of the...

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