McDermott Will & Emery
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By McDermott Will & Emery on Aug 28, 2013
Posted In Labor
by John Huang and Molly Qin China’s Ministry of Human Resources and Social Security issued provisions that align closely with recent changes to the PRC Labor Contract Law in order to help standardize labor dispatch in the country. The draft calls for a clearer definition of auxiliary positions, which will affect employers that historically employ a large amount...
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The French Legal Framework Relating to Profit-Sharing Premiums
By McDermott Will & Emery on Aug 22, 2013
Posted In Employment
by Bertrand Delafaye and Benoit Zagdoun The French legal system provides a variety of ways to secure the involvement of employees in the growth and profits of their company, including compulsory deferred profit-sharing plans (accords de participation), optional voluntary cash-based profit-sharing plans (intéressement), and other similar mechanisms. The Amended Social Security Financing Law of 2011...
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DOL Permits Plan Administrators to Reset Annual Fee Disclosure Deadline
By McDermott Will & Emery on Aug 20, 2013
Posted In Retirement Plans
by Karen Simonsen, Elizabeth Savard and Maggie McTigue The United States Department of Labor (DOL) recently issued guidance that gives administrators of defined contribution plans a one-time opportunity to reset their deadline for providing participants with the plan’s required annual fee disclosure. Background Under DOL final regulations issued in 2010, administrators of 401(k) plans and...
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Update on Holiday Pay and Sickness: “Right to Carry Forward” Limited to Four Weeks Per Year
By McDermott Will & Emery on Aug 15, 2013
Posted In Employment
by Paul McGrath and Sharon Tan The Employment Appeal Tribunal (EAT) has handed down an important decision for UK employers, limiting the right of workers to carry forward holiday entitlement accrued during a period of long-term sickness absence. To read the full article, click here.
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View From McDermott: Estoppel Claims Under ERISA–Confusion in Need of Clarification
By McDermott Will & Emery on Aug 8, 2013
Posted In Retirement Plans
by Michael T. Graham The Employee Retirement Income Security Act of 1974 was enacted to set minimum participation, fiduciary and nondiscrimination standards for employee benefit plans and to protect employees when an employer voluntarily established retirement and health care plans in private industry. Employers also benefited from ERISA’s enactment because ERISA made nationwide administration of...
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HIPAA Omnibus Final Rule Compliance Date Is Less Than Two Months Away
By McDermott Will & Emery on Aug 6, 2013
Posted In Health and Welfare Plans, Privacy and Data Security
by Daniel F. Gottlieb and Edward G. Zacharias The compliance date for the omnibus final rule amending the privacy, security, breach notification and enforcement regulations under the Health Insurance Portability and Accountability Act (HIPAA) and the Health Information Technology for Economic and Clinical Health Act is less than two months away for health care providers,...
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Two Federal Courts Recognize Same-Sex Spousal Rights for Residents of States Not Permitting Same-Sex Marriage
By McDermott Will & Emery on Aug 2, 2013
Posted In Employment, Health and Welfare Plans
by Joseph S. Adams, Todd A. Solomon and Jacob Mattinson Obergefell v. Kasich and Cozen O’Connor v. Tobits may reflect a growing trend of courts and other bodies to recognize same-sex marriages validly celebrated elsewhere even if the couple’s current state of residence does not recognize such marriages. Pending further guidance, employers should begin discussing...
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IRS to Begin Compliance Checks of Non-Governmental Section 457(b) Plans
By McDermott Will & Emery on Jul 25, 2013
Posted In Retirement Plans
by Mary K. Samsa, Todd A. Solomon and Joseph K. Urwitz The Internal Revenue Service recently announced it was conducting “compliance checks” of Section 457(b) plans. This newsletter discusses what those compliance checks involve as well as the steps Section 457(b) plan sponsors should take given this announcement. To read the full article, click here.
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Final Affordable Care Act Regulations on the Exemption of Contraceptives Coverage by Religious Employers and Student Health Insurance
By McDermott Will & Emery on Jul 23, 2013
Posted In Health and Welfare Plans
by Amy M. Gordon and Jamie A. Weyeneth The final regulations retain the definition of a religious employer, modify the accommodations provided for eligible organizations that object to contraception coverage on religious grounds, and describe how contraceptives will be provided and paid for under both a fully insured and a self-insured group health plan. To...
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Illinois Appellate Court Decision Requires More Than At-Will Employment As Consideration For Non-Compete Agreements
By McDermott Will & Emery on Jul 18, 2013
Posted In Employment
by Linda M. Doyle On June 24, 2013, the Appellate Court of Illinois (First District) issued a decision in Fifield v. Premier Dealer Servs., 2013 IL App (1st) 120327, that will make it more difficult for Illinois employers to enforce post-employment non-compete agreements against newly hired employees who are employed for less than two years...
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