An increasing number of California cities are adopting expanded paid sick leave ordinances – or expanded application of local paid sick leave ordinances – aimed at providing paid sick leave benefits to employees affected by COVID-19 who may not be entitled to benefits under the Families First Coronavirus Response Act (FFCRA). These cities include San Francisco, Los Angeles, and San Jose ...
Under final rules issued last month, employers can offer two new types of health reimbursement arrangements or HRAs: individual coverage HRAs ("ICHRAs") and excepted benefit HRAs ("EBHRAs"). HRAs are self-funded, account based plans that reimburse employees for qualified medical expenses on a tax-free basis. The final rules apply for plan years beginning on or after January 1, 2020. While the rules are complex, the new ICHRAs and EBHRAs offer new planning opportunities for employers ...
Effective January 1, 2018, California employers are prohibited from asking an applicant about their salary history. Now a Ninth Circuit decision, Rizo v. Yovino, (9th Cir. 16-15372 4/9/18), has made it clear that employers are prohibited from making a salary determination based on the applicant’s prior salary history ...
In the current situation, employees who come into contact with other employees may be diagnosed with COVID-19. What is an employer’s obligation to notify other potentially exposed employees? Employers have a general duty to provide a safe workplace under Cal/OSHA and federal OSHA ...
In EEOC v. BNSF Ry. Co., Case No. 16-35457 (9th Cir. Aug. 29, 2018), the Ninth Circuit held that an employer violates the Americans With Disabilities Act of 1990 ("ADA") by demanding that a job applicant with a perceived disability pay the cost of medical testing prior to being deemed eligible for employment. The employer offered an applicant a job as a Senior Patrol Officer on the condition that he satisfactorily complete a medical review ...
On March 18, 2020, the Senate approved, and President Trump signed H.R. 6201, the "Families First Coronavirus Response Act." The legislation contains a number of provisions related to employees' rights to time off and pay, provides tax credits to employers, and includes expanded health services and unemployment provisions. The provisions related to employees' rights to time off and pay, tax credits, and unemployment are summarized here: Family Medical Leave Act Expansion H.R ...
On March 18, 2020, the Senate approved, and President Trump signed H.R. 6201, the "Families First Coronavirus Response Act." The legislation contains a number of provisions related to employees' rights to time off and pay, provides tax credits to employers, and includes expanded health services and unemployment provisions. The provisions related to employees' rights to time off and pay, tax credits, and unemployment are summarized here: Family Medical Leave Act Expansion (H.R. 6201) H ...
As a growing number of the workforce is being affected by the COVID-19 virus, employers are being asked to respond to benefit-related questions from employees. In the coming days, the Employee Benefits Group at Hanson Bridgett will be providing updated information on possible issues arising in the benefits area through Benefits Alerts and postings on Hanson Bridgett's Online COVID-19 Resource Center ...
As a growing number of the workforce is being affected by the COVID-19 virus, employers are being asked to respond to benefit-related questions from employees. In the coming days, the Employee Benefits Group at Hanson Bridgett will be providing updated information on possible issues arising in the benefits area through Benefits Alerts and postings on Hanson Bridgett's Online COVID-19 Resource Center ...
Key Points: Several key deadlines for employee benefit plan participants are being extended due to the COVID-19 pandemic under guidance issued by the U.S. Department of Labor (DOL) and IRS. The deadline extensions could impose significant administrative burdens on plans and plan sponsors. The Department of Labor (DOL) has issued new guidance extending key deadlines for participants in private sector plans subject to ERISA. For governmental health plans, the U.S ...
Key Points ERISA retirement plan sponsors may email certain required disclosures to participants under a final Department of Labor rule. The final rule also keeps the “notice and access” safe harbor discussed in our prior alert. Employers should collect valid email addresses from plan participants, including terminating employees still covered by the plan. The U.S ...
Key Points Employers have the right to mandate vaccines subject to religious and disability-related employee exemptions. Asking if an employee has been vaccinated is not a prohibited medical inquiry. Incentive programs to encourage vaccinations are permissible. Introduction Previously, the Equal Employment Opportunity Commission (EEOC) issued Guidance permitting employers to implement COVID-19 vaccine mandates, subject to certain exemptions ...
California Business and Professions Code Section 10083.2 requires the California Department of Real Estate (DRE) to provide information regarding the status of every DRE licensee on its website, including information regarding any disciplinary actions taken by the DRE against a licensee. The purpose of these disclosures is to ensure full transparency concerning information the DRE deems to present a "credible risk" to members of the public. The issue with Section 10083 ...
Key Points If finalized as proposed, a Department of Labor (DOL) proposed rule would require plan fiduciaries to select investments based solely on pecuniary factors. The proposed rule would also tighten conditions for treating environmental, social, and corporate governance (ESG) factors as pecuniary factors plan fiduciaries may consider in selecting investments ...
Key Points New proposal would allow investment advisors to provide advice to ERISA retirement plan participants for a fee, despite potential conflicts of interest. Reinstates five-part test from 1975 for determining when an investment advisor provides investment advice as a fiduciary to a plan participant. The U.S ...
This week, the U.S. Department of Labor (DOL) issued final rules to expand access to “Association Health Plans” for small businesses that are unaffiliated, but are in the same line of business or geographic area. An “Association Health Plan” or “AHP” is a group health plan adopted by members of an employer group or association to provide health coverage for their employees ...
On Wednesday, March 1, 2017, the Department of Labor ("DOL") proposed a 60-day extension of the applicability date of the ERISA Fiduciary Rule. President Trump's administration has openly criticized the Fiduciary Rule, and on February 3, 2017, directed the DOL to further analyze the legal and economic impact of the rule before its implementation ...
On November 1, 2019, the Supreme Court granted certiorari in Liu v. Securities Exchange Commission, No. 18-1501. The Court will decide whether the Securities Exchange Commission (SEC) may seek and obtain disgorgement from a defendant as equitable relief for a securities law violation. The outcome will have widespread implications for corporate and securities lawyers ...
The IRS announced its 2017 annual "Dirty Dozen" list of Tax Scams on February 17, 2017. Finding individuals who are hiding accounts and assets offshore to avoid taxes continues to make the list, indicating this is one of the IRS's highest priorities ...
As private and governmental employers cope with reduced revenues and other significant effects of the COVID-19 pandemic, many are considering whether to lay off or furlough employees, or reduce employees’ hours ...
As a growing number of the workforce is being affected by the COVID-19 pandemic, governmental employers are raising benefit-related questions. The Employee Benefits Group at Hanson Bridgett will be providing updated information on possible issues arising in the benefits area through Benefits Alerts and postings on Hanson Bridgett's Online COVID-19 Resource Center ...
Key Points Past and future PPP loan recipients can deduct PPP loan-funded eligible expenses for federal tax purposes even if the loan is forgiven. Expanded eligibility for new loans to include new categories of employers; existing borrowers who have not yet received loan forgiveness may increase loan amount based on expanded allowable expenses ...
Federal and state occupational safety and health regulations require employers to record and report certain work-related injuries and serious illnesses, including work-related fatalities and in-patient hospitalizations. While Cal/OSHA has stated that the common cold or flu are exempt from reporting and recording requirements, even if the employee became ill at work, this exemption does not apply to COVID-19 ...
As a growing number of the workforce is being affected by the COVID-19 pandemic, employers are raising several benefits related questions, particularly with respect to the new paid sick and family and medical leave requirements. The Employee Benefits Group at Hanson Bridgett will be providing updated information on possible issues arising in the benefits area through Benefits Alerts and postings on Hanson Bridgett's Online COVID-19 Resource Center ...
As the COVID-19/Coronavirus (COVID-19) continues to spread and affect our lives, the only certainty seems to be uncertainty. What is becoming clear is that both the short term and long term economic effects of the outbreak are likely to be significant. In light of this, real estate clients are asking important questions regarding the potential legal issues COVID-19 may have on their rights as real estate owners and operators ...
