Searching Content indexed under Employee Benefits & Compensation by Mayer Brown ordered by Published Date Descending.
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U.S. Department Of Labor Finalizes Overtime Rule
The Department of Labor has finalized its new salary thresholds applicable to an employer's obligation to pay overtime and minimum wage.
United States
30 Sep 2019
California Legislature Codifies Dynamex Standard And Expands Its Reach
On September 19, 2019, California Governor Gavin Newsom signed into law Assembly Bill (AB) 5, thereby making it significantly more difficult for businesses in California to classify workers as independent contractors rather than employees.
United States
30 Sep 2019
Episode 154 – A View From Mayer Brown
Nick looks at a recent case where the employee covertly recorded a discussion with her employer and then used the recording in her subsequent claim. The second case looks at whether Tribunals can decide to keep a Tribunal decision off the public register. The
United States
24 Sep 2019
Mandatory Arbitration: The Next Frontier For ERISA Retirement Plans?
Background: On August 20, 2019, a Ninth Circuit panel in Dorman v. Schwab, No. 18-15281, reversed the district court's denial of Schwab's motion...
United States
19 Sep 2019
Episode 153 – A View From Mayer Brown
Nick looks at three cases, including the first case on restrictive covenants to get to the Supreme Court in a century.
United States
31 Jul 2019
US Employment Litigation Round-Up For June 2019
Over the past several years, state legislatures have been increasingly active in passing a variety of worker protection laws to combat gender discrimination and harassment in the workplace and address pay inequality.
United States
25 Jul 2019
Agreement Reached On Proposed Immigration Legislation In The US Senate
Given the opposition of the former Judiciary Committee chair, Senator Charles Grassley (R-IA), who had blocked a similar bill in 2011, the Fairness for High-Skilled Immigrants Act of 2019
United States
9 Jul 2019
Benefit De-Risking – Steps Towards Full Funding
We recently advised a pension scheme on a buy-out of its defined benefit (DB) liabilities with an insurer. In the run up to the transaction, the employer and the trustees looked very carefully at whether the scheme had enough assets to make the transaction possible.
United States
1 Jul 2019
GMP Conversion – An Opportunity To Simplify Benefits
Guaranteed minimum pension (GMP) conversion offers the opportunity for defined benefit schemes to simplify their benefits, potentially saving costs and making schemes more attractive to
United States
28 Jun 2019
The Future Of Independent Contractor Classification: As 9th Circuit And DLSE Expand Dynamex's Reach, DOL And NLRB Find Gig Economy Workers Contractors Under Federal Law
As we previously reported, the California Supreme Court's landmark decision in Dynamex Operations West, Inc. v. Superior Court adopted a new worker-friendly standard.
United States
18 Jun 2019
Department Of Labor Fiduciary Rule Update
In March 2018, the U.S. Fifth Circuit Court of Appeals vacated the DOL final 2016 regulation under Section 3(21) of the Employee Retirement Income Security Act of 1974, as amended on investment advice fiduciary status, ...
United States
10 Jun 2019
US Employment Litigation Round-Up For April 2019
On April 24, 2019, the U.S. Supreme Court issued a decision in Lamps Plus, Inc. v. Varela, holding that an arbitration agreement that is ambiguous as to whether it authorizes class-wide arbitration ...
United States
29 May 2019
Department Of Labor Proposes New Overtime Salary Thresholds
The Department of Labor is fulfilling its promise to rethink the salary thresholds applicable to an employer's obligation to pay overtime.
United States
5 Apr 2019
Right To Receive Itemised Payslip And ‘Section 1' Statement Extended To Workers
These two small, but practically important, changes are coming in: one next month and the other next year.
United States
2 Apr 2019
Cadillac Tax Repeal On The Horizon?
The Affordable Care Act contains a provision–the so-called "Cadillac tax"–providing for a 40% exciClassic Cadillacse tax on high cost employer-sponsored health coverage.
United States
21 Mar 2019
US Employment Litigation Round-Up
Although the federal government shutdown has dominated the headlines after the calendar flipped to 2019 ...
United States
7 Feb 2019
2019 IRS Annual Cost-Of-Living Adjustments
Each new year brings new limitations, and the Internal Revenue Service has released its annual cost-of-living adjustments applicable to employee benefit plans
United States
21 Dec 2018
US Employment Litigation Round-Up For October 2018
On October 11, 2018, the Occupational Safety and Health Administration ("OSHA") issued a guidance memorandum to its regional administrators and state designees clarifying the agency's position on workplace safety incentive programs and post-incident drug testing.
United States
15 Nov 2018
Guidance On Section 162(m) Modifications—A Not So Benevolent Grandfather And Details About Covered Employees Are Uncovered
Long-awaited guidance on Section 162(m) of the Internal Revenue Code (the "Code"), has finally arrived.
United States
11 Sep 2018
Court Holds That Shares Of Former Parent Company Are No Longer "Employer Securities" After Spinoff
In a case of first impression, a federal district court in the Southern District of Texas has ruled that a former parent company's stock was not an "employer security" under section 407(d)(1)...
United States
29 Aug 2018
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