CDC Issues Guidance for Fully Vaccinated People

The Centers of Disease Control and Prevention (CDC) recently issued its recommendations for Americans that have been fully vaccinated. The CDC considers people to have been fully vaccinated once two weeks have passed since they received the second dose in a two-dose series (Pfizer or Moderna vaccines) or two weeks after they receive a single-dose vaccine (Johnson & Johnson). The CDC made it clear that this Read More

American Rescue Plan Act Expands Employees Covered by 162(m) Deduction Limit

Section 162(m) of the Internal Revenue Code focuses on publicly held corporations and deductions for compensation paid to covered employees. This section does not allow these corporations to deduct compensation that exceeds $1 million per year.  Under current law, covered employees include: Anyone who served as the principal executive officer at any point during the taxable year. Anyone who served as the Read More

Executive Pay Clawbacks: Both Past and Future Compensation At Risk

Executive pay clawback clauses have become more common following the financial crisis of 2008 since they allow companies to recover incentive pay from executives in the event of misconduct, fraud, scandal, poor performance, or a drop in company profits.  Clawbacks Under Sarbanes-Oxley and Dodd-Frank The Sarbanes-Oxley Act of 2002 mandated an executive compensation clawback rule that covered CEOs and CFOs, but did Read More

American Rescue Plan Act Offers Critical Relief for Single and Multiemployer Pension Plans

Signed into law on March 11, 2021, the American Rescue Plan Act of 2021 (ARPA) contains provisions that benefit both single employer and multiemployer pension plans: Single Employer Provisions Extended amortization of funding shortfalls. Under the Internal Revenue Code, plan sponsors have been allowed to amortize contributions required to pay for plan underfunding over a period of seven years. ARPA lowers a plan Read More

Updated CDC Guidance: Masks in the Workplace

The COVID-19 pandemic has brought dramatic changes to the employment landscape over the past year, challenging employers to keep pace with ongoing updates to guidance from OSHA and the Centers for Disease Control and Prevention (CDC) on how to protect employees from being exposed to COVID-19 in the workplace. The CDC recently updated three of its resource pages that provide guidance on the use of masks to help Read More

House Introduces Immigration Reform Bill: The United States Citizenship Act

On February 18, 2021, the United States Citizenship Act was introduced into the U.S. House of Representatives as a comprehensive immigration reform bill that President Biden said would “restore justice, humanity, and order to our immigration system.” The 353-page bill follows through on a number of President Biden’s campaign promises, including a direct path to citizenship for “Dreamers” - undocumented immigrants Read More

EEOC Withdraws Proposed Wellness Incentive Rules

The U.S. Equal Employment Opportunity Commission (EEOC) has withdrawn two proposed new rules regarding what type of incentives employers can provide to their workforce as part of an employee wellness program without violating the Americans with Disabilities Act (ADA) or Genetic Information Nondiscrimination Act (GINA). On January 20, 2021, the White House issued a memorandum instructing the heads of executive Read More

House Passes Equality Act

On February 25, 2021, the U.S. House of Representatives passed the Equality Act, legislation that would prohibit discrimination on the basis of sexual orientation and gender identity. Specifically, the bill states that “existing federal statutes prohibiting sex discrimination in employment (including in access to benefits), healthcare, housing, education, credit, and jury service also prohibit sexual orientation and Read More

DOL Signals Change to Joint Employer Rule

On February 23, 2021, the DOL sent a new proposed regulation on joint employment status under the Fair Labor Standards Act (FLSA) to the White House Office of Information and Regulatory Affairs (OIRA) for regulatory review.  Background In March 2020, the DOL issued a final rule regarding the determination of joint employer status under the FLSA. The rule defined a joint employer as any additional “person” (i.e., Read More

Pandemic & Unemployment Benefits: Updated Guidance Issued by DOL

On February 25, 2021, the DOL issued guidance to state unemployment agencies that expands the eligibility of employees who declined to work due to pandemic safety concerns to receive Pandemic Unemployment Assistance (PUA). The new guidance expanded PUA eligibility to three categories of employees: Workers receiving unemployment benefits who had their continued regular unemployment benefits’ claims denied Read More