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Article

Graydon Head & Ritchey LLP | USA | 14 Mar 2018

Is Your Short Term Disability (STD) Covered by ERISA?

Generally, ERISA covers any plan, fund, or program that provides sickness, accident, or disability benefits. This would include all short term

Article

Sheppard Mullin Richter & Hampton LLP | USA | 7 Mar 2018

Department of Labor Announces New Payroll Audit Pilot Program

On Tuesday, March 6, 2018, the U.S. Department of Labor (“DOL”) announced its launch of the Payroll Audit Independent Determination (PAID) Program

Article

Mintz | USA | 12 Sep 2016

Employee Benefits and the New Overtime Rules

The Department of Labor’s new overtime rules take effect December 1, 2016, and employers across the country are carefully reviewing and modifying

Article

Hunton Andrews Kurth LLP | USA | 14 May 2010

Congress's latest attempt to curtail use of independent contractors

Continuing a trend in Congress to limit employers’ use of independent contractors, on April 22, 2010, Rep. Lynn Woolsey (CA) and Senator Sherrod Williams (OH) introduced the Employee Misclassification Prevention Act (H.R. 5107, S. 3254) (“EMPA”) in the House and Senate respectively.

Article

Orrick, Herrington & Sutcliffe LLP | USA | 6 May 2010

Federal and state governments to target misclassification of employees as independent contractors

In a coordinated effort to enhance tax revenues and to enforce wage-and-hour laws, federal and state governments have begun an extensive effort to target employers who have misclassified employees as independent contractors.

Article

Faegre Baker Daniels LLP | USA | 29 Apr 2010

Proposed federal law creates new risks & penalties for employers who improperly classify employees as independent contractors

Earlier this year, we reported that the Obama Administration's proposed 2011 budget included millions of dollars for a "misclassification" initiative spearheaded by the Department of Labor (DOL).

Article

Katten Muchin Rosenman LLP | USA | 6 Apr 2010

DOL issues safe harbor rule for timely deposit of contributions to small plans

The Department of Labor recently published a final rule that allows employee benefit plans with fewer than 100 participants to comply with time limits for the segregation and deposit of participant contributions to employer-sponsored pension and welfare benefit plans.

Article

Hodgson Russ LLP | USA | 25 Mar 2010

DOL publishes final safe harbor rule for depositing participant contributions

In January, the Department of Labor (DOL) published a final regulation that establishes a safe harbor period for determining when amounts an employer receives from employees or withholds from wages as contributions to certain plans (e.g., 401(k) plans) must be treated as ‘‘plan assets’’ and, therefore, must be deposited in the plan’s trust.

Article

Schulte Roth & Zabel LLP | USA | 11 Feb 2010

The new overtime regulations

The Fair Labor Standards Act ("FLSA") is the federal wage and hour law that generally requires covered employers to pay overtime (at time-and-one-half of employees' regular hourly wage rates) if employees work over forty hours in a workweek.

Article

Stinson LLP | USA | 8 Feb 2010

Labor department approves new safe harbor for depositing employee contributions

Under current labor regulations last amended in 1996, sponsors of qualified retirement and health and welfare plans are required to transfer employee contributions withheld from wages as soon as those amounts can be reasonably segregated from the employer’s general assets, but not later than the 15th business day of the month following the end of the month in which the amounts would otherwise have been paid in cash.

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