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Independent contractor or employee it can depend upon who has the burden of proof

Leonard, Street and Deinard
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USA
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January 24 2013

Those of us who work in the benefits area understand that the distinction between employee and independent contractor is an important one, but one in

Can I add a no compete provision to a severance agreement?

Leonard, Street and Deinard
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USA
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November 20 2012

Pactiv Corporation sponsored a severance plan subject to ERISA

Assisting victims of Hurricane Sandy

Leonard, Street and Deinard
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USA
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November 6 2012

Although our main office is in Minneapolis, Minnesota, we have clients located in other parts of the country, and ourselves have an office in Washington, D.C

Possible FICA tax savings on severance pay

Leonard, Street and Deinard
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USA
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September 17 2012

A recent Sixth Circuit Court of Appeals decision concluded that severance pay provided to employees as a result of layoff or discontinuance of a plant, operations or other similar condition is exempt from FICA taxes

Another health insurancedisability insurance coverage issue

Leonard, Street and Deinard
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USA
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September 11 2012

I recently blogged about an employer who continued health insurance coverage for an employee on short term disability in contravention of the health plan document

Court upholds wellness program

Leonard, Street and Deinard
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USA
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September 11 2012

In one of the few cases that has considered the legality of an employer wellness program, the Eleventh Circuit Court of Appeals considered a challenge by an employee of Broward County, Florida to the county’s imposition of a $20.00 bi-weekly charge on employees enrolled in the group health insurance plan who refused to participate in the employee wellness program

FAQs issued on the summary of benefits in coverage

Leonard, Street and Deinard
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USA
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June 1 2012

The Departments of Labor, Health and Human Services, and Treasury have jointly issued another set of FAQs on the Patient Protection and Affordable Care Act (PPACA), the health care reform law

FAQs issued on Mental Health Parity and Addiction Equity Act of 2008

Leonard, Street and Deinard
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USA
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June 1 2012

The Departments of Labor, Treasury and Health and Human Services have the responsibility to administer and enforce the Mental Health Parity and Addiction Equity Act of 2008

What is a trade or business and why does it matter?

Leonard, Street and Deinard
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USA
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May 16 2012

If an employer withdraws from a multiemployer plan and is assessed withdrawal liability, all members of the employer’s controlled group are liable for that assessment

IRS issues guidance on new health care reform fee

Leonard, Street and Deinard
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USA
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April 23 2012

Under the Patient Protection and Affordable Care Act (PPACA) issuers of certain health insurance policies and plan sponsors of certain self-funded health plans must pay a fee to fund a Patient-Centered Outcomes Research Trust Fund