McDermott Will & Emery
Subscribe to McDermott Will & Emery's PostsOff-Duty Conduct: COVID-19 and Social Media Ranting—What’s an Employer to Do?
By Abigail M. Kagan, Brian Mead, Michael J. Sheehan and McDermott Will & Emery on Sep 10, 2020
Posted In Employment, Privacy and Data Security
Many employers who recently reopened are now facing a new challenge—employee off-duty conduct. At stake are both workplace and customer safety as well as the company’s reputation. A recent webinar featuring McDermott’s Michael Sheehan, Ron Holland, Abigail Kagan and Brian Mead covers various scenarios employers are likely to face and provides practical strategies to navigate...
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Revisit Wage and Hour Policies During the Pandemic
By McDermott Will & Emery on Jul 16, 2020
Posted In Employee Benefits
The coronavirus pandemic has shifted some employees to remote work permanently while others are telecommuting more frequently. Employers’ wage and hour policies and enforcement should account for the rise in telework. “Ensure that employees understand that time spent checking e-mails is compensable,” said Ellen Bronchetti, a partner at McDermott Will & Emery in San Francisco,...
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Preparing Your Workforce: How to Avoid Legal Landmines When Bringing Employees Back
By Lindsay Ditlow, Julie H. McConnell and McDermott Will & Emery on Jun 4, 2020
Posted In Employment
The COVID-19 pandemic has put unprecedented strain on organizations of all sizes across all industries. The uncertainty of the “new normal” is leading some employers to consider extreme, and often unnecessary, new policies in anticipation of the eventual return to work. To properly navigate the complexities of these novel COVID-19 employment issues, you need innovative...
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DOL and IRS Expand Access to Multiple Employer Plans and Propose to Eliminate the ‘One Bad Apple’ Rule
By McDermott Will & Emery and McDermott Will & Emery on Dec 17, 2019
Posted In Employee Benefits, Retirement Plans
Recently, the Department of Labor (DOL) published final rules clarifying the circumstances under which “bona fide” groups or associations of employers and professional employer organizations (PEOs) may be permitted to sponsor single defined contribution multiple employer plans (MEPs). Concurrently, the Internal Revenue Service (IRS) published proposed rules detailing an exception to the “one bad apple”...
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Still Tax, Even Without the Distributed Cash
By Diane Morgenthaler, Stephen Pavlick and McDermott Will & Emery on Oct 22, 2019
Posted In Employee Benefits, Retirement Plans
The IRS recently issued guidance on the tax treatment, withholding and reporting for required distributions from tax-qualified retirement plans. Plan sponsors should contact their retirement vendors and trustees to ensure that they implement the tax requirements of the new guidance appropriately for their tax-qualified retirement plans. Access the full article.
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Right Around the Corner: Expanded IRS Determination Letter Program Opens in September
By Brian Tiemann, Sarah L. Engle and McDermott Will & Emery on Aug 22, 2019
Posted In Employee Benefits, Retirement Plans
Beginning September 1, 2019, the IRS is expanding its retirement plan determination letter program to apply to certain individually designed statutory hybrid and merged plans. Employers sponsoring hybrid plans not previously reviewed by the IRS for required (or other) plan changes, and employers that have or will merge two or more of their plans together...
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A New Day for the HRA
By Jacob Mattinson, Megan Mardy and McDermott Will & Emery on Jul 30, 2019
Posted In Employee Benefits, Health and Welfare Plans
The Departments of Labor, Treasury, and Health and Human Services have released final rules removing the prohibition on pairing HRAs with individual health policies. The final rules also allow certain HRAs and other account-based group health plans to qualify as limited excepted benefits. These rules are generally effective for plan years beginning on or after...
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IRS Opens the Door to Lump Sum Payment Windows for Retirees in Pay Status
By J. Christian Nemeth, Jeffrey Holdvogt and McDermott Will & Emery on May 2, 2019
Posted In Employee Benefits, Retirement Plans
Due to an Internal Revenue Service (IRS) change in course published in Notice 2019-18, plan sponsors may now offer retirees lump-sum windows as another pension “de-risking” option. Plan sponsors considering pension de-risking opportunities and options should carefully evaluate the potential benefits and risks of a retiree lump-sum window. Access the full article.
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ESOPs: What Not To Do (and If You Did, How to Correct It)
By McDermott Will & Emery on Apr 16, 2019
Posted In Employee Benefits, Employee Stock Ownership Plans (ESOPs), Fiduciary and Investment Issues, Retirement Plans
In a presentation for the National Center for Employee Ownership (NCEO) Conference, Emily Rickard presented on ESOP plan design, operation and administration. She, along with the other presenters, identified ERISA compliance watchdogs including the plaintiff’s bar, Department of Treasury and Department of Labor, and what attracts their attention when it comes to audits. Emily also...
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Emerging Trends Alert | Filling in the Gaps: Pay Equity
By Andrew Liazos, Jeffrey Holdvogt, Maria C. Rodriguez, Michelle S. Strowhiro and McDermott Will & Emery on Mar 5, 2019
Posted In Employment, Executive Compensation
In a presentation at McDermott’s Employment and Employee Benefits Forum, our lawyers discuss the patchwork of state and local laws surrounding pay equity for similarly situated employees doing the same job. Particularly in California, new developments have emerged further clarifying pay equity laws. For best practices, they recommend: Establishing compensation ranges across substantially similar jobs...
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