Category Archives: Uncategorized

ESPP Loans Can Make 401(k) Plan Loans Less Attractive

Employee Stock Purchase Plans can reduce 401(k) plan loans, a prominent money management firm says. Fidelity Investments found that employees are less likely to take out a loan from their 401(k) account if their company also features an employee stock…

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Cafeteria Plans Can Help Employers Avoid Pay-or-Play Penalties

Employer contributions to a Section 125 cafeteria plan can be deducted from the employee’s cost of a health plan for purposes of determining the affordability of coverage, final IRS rules on minimum essential coverage published on Nov. 26 (79 Fed….

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Will Annuities Make Their Way Into Defined Contribution Plans?

Defined contribution plans do not typically include an option that provides a lifetime stream of income for participants, as pension participants and beneficiaries could rely on in years past. With the switch to DC plans from traditional defined benefit plans,…

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Employers Must Treat Pregnant Workers Mindfully to Avoid Compliance Challenges

Proper treatment of pregnant workers is in the headlines as a result of recent guidance from the U.S. Equal Employment Opportunity Commission on pregnancy accommodations and a high profile U.S. Supreme Court case involving a UPS worker. More than ever…

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DOL: Cafeteria Plans and Cash Alone Fail ACA Employer Mandate

Employers cannot simply give employees extra money to buy individual health insurance — whether through health reimbursement arrangements, health flexible spending arrangements or just plain cash — and expect to avoid “shared responsibility” penalties, the IRS with the U.S. Departments…

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#hrintelchat: HR Experts Analyze Social Media Risks and Rewards

It’s a little meta to talk about social media in a social media venue, but what better way to talk about all the employment law challenges employers face when they’re dealing with such a rapidly evolving medium? Last week we…

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9th Circuit Won’t Call Attention Deficit an ADA Disability

The 9th U.S. Circuit Court of Appeals Oct. 1 declined to rehear a case in which it held that attention deficit hyperactivity disorder is not a disability covered by the Americans with Disabilities Act. Matthew Weaving, a police officer, alleged…

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Fewer Companies Offer Paid Family Leave, Trend Points to PTO Plans

Federal law does not require leave under the Family and Medical Leave Act to be paid, but one in five companies today offer paid family leave — down from one in four companies that reportedly offered it from 2010 to…

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Fidelity Settles 401(k) Suit with Employees for $12 Million

Fidelity Investments agreed to pay a class of its own employee 401(k) plan participants and beneficiaries $12 million to settle ERISA violation allegations of excessive fees and committing prohibited transactions with their retirement accounts. The settlement, filed July 3 with…

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Employer Faces More Fees as 11th Circuit Affirms $126K COBRA Penalty Award

A federal appeals court not only affirmed a ruling that an employer/plan administrator must pay more than $126,000 in penalties and legal costs for intentionally violating COBRA notice requirements, it also held that about $2,460 in expenses excluded from the…

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