IRS Issues Inflation-Adjusted Items for 2023

The Internal Revenue Service (IRS) has issued Part III Administrative, Procedural, and Miscellaneous, 26 CFR 601.602. This revenue procedure aims to outline inflation-adjusted items in various Internal Revenue Code (IRC) provisions for 2023. These adjustments apply to taxable years beginning in 2023. The revenue procedure notes a change that the Inflation Reduction Act of 2022 made to the energy-efficient Read More

Employee Handbooks: Challenges for Multistate and International Employers

Although employee handbooks are not a legal requirement, they are a useful tool for employers to communicate policies, procedures, and expectations to new and existing employees. For multistate and international employers, creating a universal employee handbook can be very challenging due to the need to comply with all the local, state, federal, and international laws applicable to the jurisdictions in which the Read More

SECURE Act 2.0 and Your Company’s Retirement Plan

Retirement plan advisors are hopeful that Congress will work together before the end of the year to pass legislation collectively known as SECURE Act 2.0. This critical legislation would build on the provisions of the SECURE Act of 2019 and help workers better prepare for retirement. SECURE Act 2.0 consists of the Securing a Strong Retirement Act of 2022 that the House passed in March, as well as two bills that Read More

Significant Parity Cases for Benefits Lawyers to Watch

Patients have filed various lawsuits alleging their insurers violated the Parity Act by limiting treatment for mental health and substance use disorders. These lawsuits also involve ERISA claims. Many expect the outcomes of these lawsuits to clarify the standards for a successful parity claim and what remedies plaintiffs can seek under the Parity Act. The following are five parity cases that benefits attorneys and Read More

SEC Issues Final Rule Mandating Public Company Disclosure of Pay-Versus-Performance Measures

The U.S. Securities and Exchange Commission (SEC) has issued a final rule that expands executive pay disclosure requirements for publicly traded U.S. companies, accompanied by a fact sheet summarizing the rule. The rule goes into effect for the 2023 proxy season or fiscal years ending on or after December 16, 2022. It implements requirements established by the 2010 Dodd-Frank Wall Street Reform and Consumer Read More

Eleventh Circuit Awards Atty Fees to Plaintiff in AL Bias Suit Despite Mixed Jury Verdict

The U.S. Court of Appeals for the Eleventh Circuit issued a unanimous unpublished opinion affirming an award of over $172,000 in attorney fees and costs to a former employee of the Alabama Department of Transportation in a race bias case. The appellate court upheld the trial court's decision because an Alabama jury found that race was a motivating factor in the employee's termination, even though the employer could Read More

Fifth Circuit Blocks HHS From Enforcing Section 1557 Nondiscrimination Provisions Against Faith-Based Providers

The U.S. Court of Appeals for the Fifth Circuit has upheld a permanent injunction prohibiting the U.S. Department of Health and Human Services (HHS) from requiring faith-based healthcare providers to perform or provide insurance coverage for abortions or gender-transition procedures. The case is Franciscan Alliance, Inc. v. Becerra, No. 21-11174 (5th Cir. 2022).  In this long-standing dispute over the Read More

Changes in Gun Laws Affect the Workplace

Recent changes in state and federal laws have affected an individual's ability to carry firearms in public and the workplace. These changes should prompt all employers to review their policies on guns in the workplace, with the overall goal of balancing individuals' gun rights with maintaining a safe workplace.  Federal Gun Laws Employers have a legal duty to maintain a safe work environment for their workers Read More

Three Key Reasons Why DEI Initiatives Fail

Although high-profile racially charged incidents in recent years have led to a surge in corporate pledges and investments toward diversity, equity, and inclusion (DEI), the forward movement toward these goals has stalled. DEI leaders who have spearheaded this diversity work have focused on three key reasons why well-intentioned DEI initiatives have failed.  Failure to Explicitly Connect DEI Objectives to the Read More

ADP Seeks Sanctions Against Former Employer for Allegedly Destroying Evidence in Suit

ADP Inc., a payroll processing business, has filed a motion asking a Florida federal court judge to dismiss a lawsuit filed by ex-ADP manager David Schwartz. Alternatively, ADP is asking the court to enter a default judgment in its favor, based on allegations that Schwartz deleted crucial evidence on a company iPad. ADP is requesting a jury instruction in any trial that may occur that any deleted evidence was Read More