The NLRB Postpones the Notice Posting Deadline
In August 2011, we notified you that the National Labor Relations Board (“NLRB”) had issued a Final Rule requiring most private-sector employers to notify employees of their rights...
View ArticleIt’s Time To Turn The Heat Up On Your Compliance Program
Included among the many provisions of the Patient Protection and Affordable Care Act of 2010 (“PPACA”), are certain mandates for Medicare, Medicaid and CHIP participating providers...
View ArticleGetting Your Estate Plan In Shape in the New Year
January is the month for resolutions. Many of us will say, “In 2012, I resolve to lose weight, learn a new language and take that ‘once in a lifetime’ vacation.”...
View ArticleFinal Regulations Issued on the Summary of Benefits and Coverage Requirement
On February 9, 2012, the Departments of Labor, Treasury, and Health and Human Services (the federal agencies charged with the administration of the Patient Protection and Affordable Care Act...
View ArticleWage-Hour Complaints May Be Protected
The Fourth Circuit (WV, VA, MD, NC, and SC) has held that an employee may pursue a retaliation lawsuit alleging she was fired after making an internal complaint about alleged violations of the Fair...
View ArticleThe Reality of OSHA's HazCom 2012
On March 20, 2012 the Occupational Safety and Health Administration ("OSHA") announced long-awaited regulations which will conform OSHA’s Hazard Communication Standard to...
View ArticleWhat the EEOC Has to Say About "Convict" Job Applicants
However, an employer may consider the conduct underlying an arrest if it is job related. In contrast, a conviction record will usually serve as sufficient evidence that a person engaged in particular...
View ArticleEmployer Incentive and Disincentive Programs
It’s long been a subject of debate among safety consultants - do safety incentive programs reduce injuries, or do they encourage workers not to report when they get hurt so they can win the...
View ArticleHealth Care Reform Meets ERISA
As we wait to receive the Supreme Court’s pronouncement on health care reform, employers should be thinking about how they will react if one part of the Patient Protection and Affordable Care...
View Article401k Plan Fiduciaries & Participant-Directed Account Investments
Section 404(c) of the Employee Retirement Income Security Act of 1974 (ERISA) provides a set of guidelines that, if followed, transfer the potential liability associated with investment decision-making...
View ArticleRegulation E Final & Proposed Remittance Transfer Rules
On January 20, 2012, the Consumer Financial Protection Bureau (the “CFPB”) issued a final rule (“Final Rule”) amending Regulation E to add provisions applicable...
View ArticlePet Trusts
My twelve-year old cairn terrier, Missy, was recently diagnosed with Cushing’s disease. With some changes in her diet and some maintenance drugs, Missy should live a full, happy life. When I...
View ArticleJobs Act Opens Door to Crowdfunding
Crowdfunding will soon be available to startup companies and existing private businesses thanks to the Jumpstart Our Business Startups Act of 2012. Better known as the JOBS Act, this legislation...
View ArticleNew Power to Fix Old Trusts
Effective July 1, 2012, Virginia will join a growing number of states with what is generally referred to as a trust “decanting” statute. A decanting power allows a trustee of an...
View ArticleNew Court Decision Raises Questions and Creates Opportunities
On September 7, 2012, the U.S. Court of Appeals for the Sixth Circuit affirmed the Western District Court of Michigan's holding in U.S. v. Quality Stores Inc., that severance payments made to employees...
View ArticleIndividual Liability for Managers & Supervisors in Wrongful Discharge Claims
In a stunning recent development in Virginia employment law, the Supreme Court of Virginia held that an individual supervisor or manager may be held personally liable for wrongful discharge of an...
View ArticleWage-Hour Complaints May Be Protected
The Fourth Circuit (WV, VA, MD, NC, and SC) has held that an employee may pursue a retaliation lawsuit alleging she was fired after making an internal complaint about alleged violations of the Fair...
View ArticleHow to Investigate Employee Accidents
It really doesn't matter where you work. Places of employment are potentially dangerous work environments, and while proper training, engineering controls and administrative precautions can help to...
View ArticleYear-End Tax Act
The American Taxpayer Relief Act of 2012 enacted on January 2, 2013 creates a unique opportunity for charitable giving. Individuals with IRAs who have attained age 70 1/2 may make a tax-free rollover...
View ArticleThe Reality of OSHA's HazCom 2012
On March 20, 2012 the Occupational Safety and Health Administration ("OSHA") announced long-awaited regulations which will conform OSHA’s Hazard Communication Standard to...
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