Most of the attention about the Sarbanes-Oxley Act of 2002 (Act), now awaiting President Bush’s signature, has been focused on the reform of public accounting firms and the financial reporting obligations of publicly held companies. However, the Act has other provisions that potentially impact a much broader range of employers. The legislation will be implemented at various times following the President’s signature, but employers should begin preparing for the following changes: 1 ...
Earlier today, the Texas Supreme Court gave a green light to company required arbitration programs. In Re Halliburton Company And Brown & Root Energy Services, No. 00-1206 (Tex. May 30th, 2002). The underlying case arose when both the district court and court of appeals refused to order a case brought under the Texas Commission on Human Rights Act to arbitration ...
On April 29, 2002, the United States Supreme Court decided that the Americans with Disabilities Act ("ADA") does not require non-union employers to make an exception to their seniority system as a reasonable accommodation for a disabled employee. US Airways, Inc. v. Barnett, No. 00-1250 (April 29, 2002). This is the latest in a series of Supreme Court decisions narrowing the reach of the ADA ...
IRS SUSPENDS 5500 FILING REQUIREMENTS FOR CAFETERIA PLANS, EDUCATIONAL ASSISTANCE PLANS, AND ADOPTION ASSISTANCE PLANS The Internal Revenue Service announced, in Notice 2002-24, that plan sponsors of cafeteria plans, educational assistance plans, and adoption assistance plans are excused indefinitely from the requirement to file Schedule F to Form 5500 for such plans. Thus, an employer whose health plan would not require the filing of a Form 5500 (e.g ...
The Occupational Safety and Health Administration’s (“OSHA”) new recordkeeping regulations became effective on January 1, 2002. OSHA, however, has agreed to refrain from enforcing the regulations during the first 120 days of the rule, or until May 1, 2002 ...
Department of State: DOS is now requiring all male nonimmigrant visa applicants between the ages of 16 and 45, regardless of nationality and regardless of where they apply, to submit Form DS-157 in addition to the usual Form DS-156 Nonimmigrant Visa Application. Posts may also require women to submit the form at their discretion. ∙ Jerusalem is the first post to require all applicants age 16 to 45, regardless of gender, to submit form DS-157 in addition to form DS-156 ...
ERISA requires plan fiduciaries to discharge their fiduciary duties solely in the interests of the participants and beneficiaries of the plan, and imposes personal liability on plan fiduciaries who fail to do so. While these obligations have existed under ERISA for over 25 years, Enron has brought them into sharp focus and caused many employers to revisit the structure of, and the fiduciary responsibilities imposed on employees under, their 401(k) plans and other retirement plans ...
On Monday, January 14, 2002, the United States Supreme Court decided 6-3 that the EEOC is not limited by an arbitration agreement signed by an individual employee, but may seek back-pay, reinstatement or damages on behalf of that employee when it litigates. The lower appellate courts had split, with the most arbitration favorable courts holding that where an arbitration agreement existed, the EEOC was limited to seeking injunctive relief ...
As employers face the uncertainties of the post 9/11 era, we issue this Alert addressing five significant issues that the terrorist attacks raise for employers: (i) discrimination claims; (ii) the Uniformed Services Employment and Reemployment Rights Act of 1994; (iii) workplace violence; (iv) background checks; and (v) security, evacuation, and safety. 1 ...
On December 27, 2001, President Bush signed the Administrative Simplification Compliance Act (the "Act") that delayed the effective date of the electronic data interchange ("EDI") requirements of HIPAA. The EDI regulations required health claim transactions transmitted electronically to be in a standard format. The Act delays the effective date of the EDI regulations until October 16, 2003 or 2004 depending upon the size of your group health plan ...
Many employers are busy planning and preparing for the HIPAA privacy regulations which become applicable on or after April 14, 2003 or 2004, depending on the size of the group health plan. In the past, many employers wrapped all welfare plans into one plan document to reduce their Form 5500 filing requirements ...
