McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsFull Disclosure Required: Lifetime Income Estimates on Defined Contribution Plan Benefit Statements
By Lisa Loesel, Joseph K. Urwitz and McDermott Will & Emery on Feb 9, 2021
Posted In Employee Benefits, Retirement Plans
The Department of Labor provided interim guidance on the new required annual lifetime income disclosures to participants in defined contribution plans, including plans covered under section 401(k) or 403(b) of the Internal Revenue Code, profit-sharing plans and employee stock ownership plans (ESOPs). The Lifetime Income Disclosure Rule is currently scheduled to go into effect on...
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Cal/OSHA Adopts Emergency COVID-19 Workplace Standards
By Michelle S. Strowhiro and McDermott Will & Emery on Jan 13, 2021
Posted In Employment, Labor
California’s Division of Occupational Safety and Health (Cal/OSHA) adopted emergency temporary standards on COVID-19 prevention in the workforce, effective as of November 30, 2020, following approval by the Office of Administrative Law. These temporary standards require most Californian employers to implement a written COVID-19 prevention program meeting certain criteria. While many employers have already followed...
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Will the Biden Administration Upend Workplace Law?
By McDermott Will & Emery on Jan 5, 2021
Posted In Employment, Labor
Joe Biden’s ascendance to the presidency not only spells doom for many of the Trump administration’s business-friendly employment policies; it also may place established tenets of federal labor law on the chopping block. Biden may bring with him to the White House an ambitious pro-labor platform aimed at giving workers and unions a leg up...
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SHRM Report: Global Executives Respond to Remote Work, Other Emerging Trends
By McDermott Will & Emery on Dec 23, 2020
Posted In Employment, Labor
Remote work will be a talent magnet in coming years and must be viewed as a long-term investment, according to recent global research conducted by the Society for Human Resource Management (SHRM), Oxford Economics and SAP Success Factors. A recent article by the Society for Human Resource Management outlines remote work trends, and McDermott partner...
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Final Rule for Selecting Retirement Plan Investments Leaves “ESG” Behind
By Brian Tiemann and McDermott Will & Emery on Dec 17, 2020
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues, Retirement Plans
In recent guidance, the Department of Labor clarified the retirement plan standards for environmental, social and corporate governance (ESG) investing without mentioning the term ESG. The new guidance provides that, when selecting and monitoring plan investments, an Employee Retirement Income Security Act (ERISA) fiduciary must never sacrifice investment returns, take on additional investment risk or...
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Be Sure to Change Furloughs into Layoffs Lawfully
By McDermott Will & Emery on Dec 8, 2020
Posted In Employee Benefits, Health and Welfare Plans, Labor
Employers that are converting furloughs into permanent layoffs need to ensure compliance with the Worker Adjustment and Retraining Notification (WARN) Act and with the Consolidated Omnibus Budget Reconciliation Act (COBRA). In a recent article by the Society for Human Resource Management, McDermott partner Carole Spink explains why employers should carefully consider both state and federal...
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Dress Code Policies Reconsidered in the Pandemic
By McDermott Will & Emery on Nov 12, 2020
Posted In Employment, Labor
Employers are contending with how to respond to telecommuters dressing down during the pandemic. Companies also are considering how to ensure dress codes don’t unlawfully discriminate or violate National Labor Relations Act (NLRA) rights. In a recent article by the Society of Human Resource Management, McDermott Employment associate Philip Shecter advises employers to be mindful...
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Employers Grapple with Workers’ Off-Duty Behavior
By Christopher Foster and McDermott Will & Emery on Oct 8, 2020
Posted In Employment, Health and Welfare Plans, Labor
Employees gathering with friends, expressing their political views and posting about these things on social media have created for employers an increasingly urgent question: When the people engaging in unsafe or politically charged behavior are your employees, and the conduct happens off the clock, is it appropriate or even possible to discipline them? Access the...
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New California Law SB 1159 Creates Workers’ Compensation Presumption for Certain Eligible Employees
By Kate De La Cruz and McDermott Will & Emery on Oct 1, 2020
Posted In Employee Benefits, Employment, Labor
On September 17, 2020, California Governor Gavin Newsom signed SB 1159 into law, which is effective immediately for all employers. Among other things, the law creates a “disputable presumption” under workers’ compensation statutes for certain employees with confirmed cases of COVID-19 and establishes reporting requirements on confirmed cases and number of employees. Access the article.
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DOL Provides Guidance on Tracking Telecommuters’ Work Hours
By McDermott Will & Emery on Sep 22, 2020
Posted In Employment, Labor
Employers must use reasonable diligence in tracking nonexempt telecommuters’ work hours and may do this by providing a reporting procedure for unscheduled time, the US Department of Labor (DOL) stated in August 24 guidance. The workers then must be compensated for all reported work hours, even those not requested by the employer. In a recent...
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