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Publications
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04.24.2024FTC Bans Employee Noncompete Agreements; Challenges UnderwayUpdatesOn April 23, 2024, the U.S. Federal Trade Commission voted 3-2 to ban the use of nearly all noncompete agreements in America’s for-profit businesses (with only a few narrow exceptions). In this Update, we cover the details of the FTC’s Final Rule, what changed from the Proposed Rule, guidance to employers wondering what they should do now, and what might come next.
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12.19.2023Corporate Transparency Act Will Require Disclosure of Senior Officers and Directors of Many US and Foreign CompaniesUpdatesThis Update discusses how the Corporate Transparency Act rules will affect directors and senior officers of CTA reporting companies, in particular. All senior officers, directors and their advisers, and counsel should be aware of these rules and potential implications.
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06.30.2023The Supreme Court Decision Heightens Undue Hardship Standard Applicable to Workplace Religious AccommodationsUpdatesThe Supreme Court of the United States issued its opinion in Groff v. DeJoy on June 29, 2023, holding that Title VII requires an employer denying a religious accommodation to show that granting the accommodation would result in “substantial increased costs in relation to the conduct of its particular business.”
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06.20.2023Washington State Issues New Rules for Paid Family and Medical LeaveUpdates
The Washington Employment Security Department adopted new rules for the state’s Paid Family and Medical Leave Act regarding employer reporting requirements, child placement, and self-employment elective coverage requirements. The new rules become effective July 1, 2023.
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03.28.2023NLRB General Counsel Issues Guidance Regarding NLRB’s Ruling on Employee Severance AgreementsUpdatesThe National Labor Relations Board recently ruled in McLaren Macomb that employee severance agreements with overly broad confidentiality and nondisparagement provisions violate the National Labor Relations Act. Recently, NLRB General Counsel Jennifer A. Abruzzo issued a memorandum to all regional directors, officers-in-charge, and resident officers to “assist Regions in responding to inquiries from workers, employers, labor organizations, and the public about implications stemming from the case.”
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03.20.2023DOJ Announces Pilot Program and Updated Expectations on Corporate Compensation ProgramsUpdates
The U.S. Department of Justice unveiled a new pilot program and announced several important updates to its Evaluation of Corporate Compliance Programs regarding corporate compensation incentives and clawbacks.
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02.28.2023NLRB Rules Employee Severance Agreement With Overbroad Confidentiality and Nondisparagement Provisions Violates NLRAUpdatesIn a recent ruling, the National Labor Relations Board found an employer violated the National Labor Relations Act when it offered furloughed employees a severance agreement that included overbroad nondisparagement and confidentiality provisions.
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11.16.2022Plan for Workforce Reductions Now To Avoid Delay and LiabilityUpdates
Recent news has shined a spotlight on the legal consequences of mass layoff situations. Employers should take steps now to prepare for possible reductions in their workforce.
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04.04.2022Washington Employers Soon Must Include Pay Ranges and Benefits Information in Job PostingsUpdatesWashington Governor Jay Inslee, on March 30, 2022, signed into law amendments to the state’s Equal Pay and Opportunity Act, which soon will require most Washington employers to include pay ranges in their job postings.
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03.14.2022Contractual Considerations for Self-Funded Group Health Plan Sponsors in 2022UpdatesThis update outlines contractual and procurement considerations that we are seeing clients confront as they respond to compliance and implementation challenges from these new requirements.
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02.01.20222022 Cybersecurity Issues and Recommendations for ERISA Plan FiduciariesUpdatesNew cybersecurity developments and observations ... warrant prompt consideration by plan sponsors and other fiduciaries of employee benefit plans subject to ERISA.
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01.19.2022Ringing in the New Year: Key Developments for Health Plan SponsorsUpdatesThere are many new and expanding legal requirements for group health plans and issuers of group health plan coverage to pay attention to this year.
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11.05.2021Frequently Asked Questions on OSHA’s COVID-19 Vaccination and Testing Emergency Temporary StandardUpdatesThe U.S. Department of Labor’s Occupational Safety and Health Administration issued its long-awaited emergency temporary standard requiring all employers with a total of 100 or more employees to mandate vaccination and/or weekly COVID-19 testing. OSHA also released a comprehensive FAQ to address questions.
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11.01.2021Frequently Asked Questions on Religious Objections to Employer COVID-19 Vaccine MandatesUpdatesOn October 25, 2021, the U.S. Equal Employment Opportunity Commission (EEOC) updated its guidance related to the COVID-19 pandemic, adding a brand-new section addressing religious objections to COVID-19 vaccine mandates.
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10.28.2021DOL Proposes Expanded Use of ESG Factors in ERISA Plan Investment Decisions and Proxy VotingUpdatesThe U.S. Department of Labor (DOL) published a proposed regulation on October 14, 2021, that would clarify how fiduciaries of private sector employee benefit plans should apply ERISA’s fiduciary duties of prudence and loyalty when making investment decisions and exercising shareholder rights.
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09.01.2021COVID-19 Vaccine Questions AnsweredUpdatesWith the surge of COVID-19 cases due to the Delta variant, many employers are considering whether to require employees to be vaccinated, how to encourage employee vaccinations, and the implications of vaccine policies for their businesses.
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04.27.2021IRS Temporarily Permits E-signature of 83(b) ElectionsUpdatesOn April 15, 2021, in response to the ongoing COVID-19 situation, the U.S. Internal Revenue Service issued a temporary deviation from the handwritten signature requirement for a limited list of tax forms. This issue includes elections under Section 83(b) of the Internal Revenue Code, allowing taxpayers and representatives to use electronic or digital signatures when signing such forms. The IRS memorandum was issued about a month after Perkins Coie LLP, Carta.com, and other coalition partners sent a letter to the IRS specifically requesting such temporary relief.
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04.22.2021US Department of Labor Issues Highly Anticipated Cybersecurity Guidance for ERISA PlansUpdates
On April 14, 2021, the US Department of Labor (DOL) released three-part guidance on cybersecurity issues for employee benefit plans, marking its first significant commentary on the issue since its comprehensive, but non-binding, report in late 2016. The DOL’s guidance provides “tips” and “best practices” for ERISA plan sponsors, responsible fiduciaries, recordkeepers, service providers, and participants in appropriately safeguarding non-public plan and participant information against cybersecurity threats.
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04.09.2021EBSA Guidance on COBRA Subsidy in the American Rescue Plan ActUpdatesThe American Rescue Plan Act of 2021 (ARPA) includes a 100% federal subsidy of COBRA premiums (including the up-to-2% administrative fees) during the period of April 1, 2021, through September 30, 2021. Earlier this week, EBSA published clarifying FAQs and model notices related to the COBRA subsidy. This update discusses the guidance most relevant to employers and highlights areas where additional guidance is still needed.
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Updated 04.05.2021Employer Responsibilities Under the ARPA COBRA SubsidyUpdatesThe American Rescue Plan Act of 2021 (ARPA) includes a number of provisions requiring immediate action by employers.
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03.15.2021Struggling Multiemployer Pension Plans Receive a Lifeline Under the American Rescue Plan Act of 2021UpdatesThis update examines in detail each form of multiemployer pension plan relief under the ARPA, as well as potential impacts of the ARPA on employers participating in underfunded multiemployer pension plans.
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03.03.2021IRS Clarifies Extended Cafeteria Plan ReliefUpdatesMuch of the previous relief that had been granted to cafeteria plans during the COVID-19 pandemic was set to expire after 2020.
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12.30.2020Employee Benefit Provisions in the Consolidated Appropriations Act, 2021UpdatesPresident Donald Trump signed into law the Consolidated Appropriations Act, 2021 (the Omnibus Bill) on December 27, 2020.
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12.09.2020Employee Benefit Plan Developments—2020 Year in ReviewUpdatesEmployee benefits professionals have faced many challenges in 2020.
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12.07.2020Preparing for the 2021 Public Company Reporting SeasonUpdatesIn anticipation of the upcoming reporting season, we highlight rule changes, guidance, and trends for public companies to consider in preparing annual report and proxy statement disclosures in 2021.
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09.18.2020Variable Hour Employee Benefits Eligibility Under COVID-19UpdatesCOVID-19 has forced many employers to make unanticipated changes to their workforce, with many retailers rolling out a combination of furloughs, layoffs, and breaks in service to address changing market demands and shelter-in-place orders.
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09.04.2020Summary of Notice 2020-65: Deferral of Employee’s Portion of Social Security TaxesUpdatesIn response to the ongoing coronavirus (COVID-19) pandemic, the U.S. Congress, the executive branch, and the Internal Revenue Service (IRS) have taken several actions intended to provide immediate relief to taxpayers.
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08.11.2020SEC Amends Proxy Rules Relating to Proxy Advisers and Supplements Proxy Voting Guidance for Investment AdvisersUpdatesThe U.S. Securities and Exchange Commission on July 22, 2020, adopted final amendments to its proxy solicitation rules to codify the SEC’s longstanding view that proxy voting advice generally constitutes a solicitation within the meaning of the federal proxy rules and is subject to anti-fraud rules.
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07.09.2020Seattle Payroll Tax: Update and Frequently Asked QuestionsUpdatesThe Seattle City Council passed a bill creating a new payroll tax on persons engaged in business in Seattle. While the ordinance has not yet been signed by the mayor (as of publication), the tax was passed by the council on July 6, 2020, by a veto-proof majority (7-2) and is expected to become law effective January 1, 2021.
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05.27.2020DOL Finalizes Notice and Access Safe Harbor for Electronic Delivery of Retirement Plan Participant CommunicationsUpdatesThe U.S. Department of Labor (DOL) has issued a final rule establishing a new “safe harbor” method for satisfying ERISA and DOL’s requirements for electronic distribution of certain ERISA-governed retirement plan documents.
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05.21.2020IRS Notices Provide COVID-19 Relief Covering Section 125 Cafeteria Plans and Flexible Spending Account Benefit PlansUpdatesMany employers have sought to leverage or make changes to their employer-sponsored benefits to address economic and health-related burdens faced by their employees during the COVID-19 pandemic.
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05.18.2020SBA Releases PPP Loan Forgiveness Application and Implicit Guidance on Requirements for Loan ForgivenessUpdatesOn May 15, 2020, the Small Business Administration (SBA) released an application for loan forgiveness under the Paycheck Protection Program (PPP).
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05.08.2020US Department of Labor Issues Updated COBRA Model Notices and Related FAQSUpdatesThe U.S. Department of Labor (DOL) issued revised model general and election notices on Friday, May 1, 2020.
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05.01.2020COVID-19 Relief for Employer-Sponsored Benefit Plans: Federal Government Announces Deadline Extensions and Other Short-Term ReliefUpdatesMany employee benefit plan sponsors, administrators, and fiduciaries have been asking about regulatory relief in response to administrative challenges created by the COVID-19 pandemic.
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03.27.2020Responding to COVID-19 Requires an Integrated ApproachUpdatesRecognizing the high volume of COVID-19 content being published, Perkins Coie developed a one-stop, integrated resource page that addresses key legal and business considerations for companies across essential business areas, from insurance coverage and labor and employment, to privacy and security, corporate governance, tax, construction, supply chain, and more.
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03.20.2020COVID-19: Employee Health Plan Administration ConsiderationsUpdatesAs federal and state governments respond to COVID-19, employers and plan fiduciaries must also address the evolving issues arising under employer-sponsored health plans.
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03.16.2020H.R. 6201 Families First Coronavirus Response Act: Paid Leave, Emergency Leave, and Implications for the WorkplaceUpdatesThe Families First Coronavirus Response Act was passed by the U.S. House of Representatives shortly before 1:00 a.m. on March 14, 2020.
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03.16.2020The Families First Coronavirus Response Act—What Could It Mean for Employers?UpdatesThe Families First Coronavirus Response Act was passed by the U.S. House of Representatives shortly before 1:00 a.m. on March 14, 2020.
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02.12.2020IRS Issues Guidance on Prior Year Parking Tax Refunds or Credits for Tax-Exempt OrganizationsUpdates
On January 21, 2020, the Internal Revenue Service (IRS) released guidance for tax-exempt organizations on how tax-exempt organizations may obtain a refund or credit for prior year unrelated business income tax (UBIT) incurred for qualified transportation fringe benefits.
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12.06.2019Oregon Court Imposes Strict Liability for Missed Meal BreaksUpdates
A decision by the Oregon Court of Appeals in Maza v. Waterford Operations LLC, 300 Or. App. 471 (2019), raises the bar for Oregon employers on meal breaks, making employers liable for missed meal breaks even if they make every effort to provide them.
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11.14.2019US Department of Labor Proposes New “Notice and Access” Electronic Delivery Safe HarborUpdatesThe U.S. Department of Labor (DOL) issued proposed regulations on October 23, 2019, providing for a new electronic-delivery safe harbor applicable to certain required disclosures for ERISA-governed retirement plans.
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10.23.2019IRS Finalizes Changes to 401(k) Hardship Distribution RulesUpdatesThe IRS issued final regulations on September 19, 2019, easing the 401(k) hardship distribution rules.
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10.22.2019The Ninth Circuit Abandons 35 Years of Precedent by Enforcing Arbitration Clause in ERISA Benefit PlanUpdatesThirty-five years after deciding that arbitration clauses in employee benefit plans governed by the Employee Retirement Income Security Act of 1974 (ERISA) were unenforceable, the U.S. Court of Appeals for the Ninth Circuit has reversed itself by approving the use of mandatory arbitration clauses and class action waivers in ERISA-governed benefit plans in Dorman v. Charles Schwab Corp.
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08.23.2019New Legislation Lets Students Use Medical Marijuana at SchoolUpdatesWashington Governor Jay Inslee signed into law legislation in April 2019 that requires school districts to allow parents and guardians to administer to their child marijuana-infused medications on school grounds, in school vehicles and at school-sponsored activities.
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05.22.2019Washington State Adopts Game-Changing Noncompetition RestrictionsUpdatesAs expected, Governor Jay Inslee signed legislation that will significantly restrict the use of noncompetition agreements for Washington-based employees and independent contractors.
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04.22.2019Washington State Poised to Impose Significant Restrictions on Noncompetition AgreementsUpdatesLast week, the Washington State Legislature passed a proposal that, once signed into law, will significantly restrict the use of noncompetition agreements in Washington.
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04.02.2019Equal Pay Day: The Persistent Wage Gap and Legislative TrendsUpdatesMore than 50 years after the Equal Pay Act of 1963 required equal pay for equal work, a wage gap persists between similarly situated men and women in the workforce.
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03.06.2019Reminder of Steps Employers Must Take When Requesting Credit or Background ReportsUpdatesThe federal Fair Credit Reporting Act (FCRA) applies to employers who obtain “consumer reports” from a “consumer reporting agency” for employment purposes.
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06.29.2018Supreme Court Shoots Down Forced Agency Fees for Public Sector Union WorkersUpdatesThe U.S. Supreme Court this week overruled longstanding precedent to hold that public-sector unions may no longer extract agency fees from nonconsenting employees who have opted not to join a union.
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05.08.2018New Washington Laws on Equal Pay and Sexual Harassment NDAs Become Effective in JuneUpdatesThe Washington Equal Pay Opportunity Act will go into effect on June 7, 2018. House Bill 1506, signed by Governor Jay Inslee on March 21, 2018, amends the Washington Equal Pay Act, RCW 49.12.175, to “address income disparities, employer discrimination, and retaliation practices, and to reflect the equal status of all workers in Washington state.” This statute goes beyond federal equal pay legislation by providing additional protections for employees and imposing restrictions on employers. An employer who discriminates based on gender in providing compensation is guilty of a misdemeanor.
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02.22.2018, 03.28.2018Multiemployer Pension Underfunding: How to Protect Your CompanyUpdatesAs a result of a declining union workforce, bankruptcies of employers contributing to multiemployer pension plans (MEPPs), and tax rules that prevented MEPPs from developing sufficient reserves, many MEPPs have become significantly underfunded.
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01.09.2018Impact of Tax Reform on Some Private Company Equity Awards: Limited Income Tax Deferral Opportunities for EmployeesUpdatesThe recent tax reform bill, commonly referred to as the Tax Cuts and Jobs Act of 2017 (the Act), was signed into law on December 22, 2017. The Act includes a new income tax deferral regime for certain employee stock options and restricted stock units (RSUs) granted by eligible private corporations under broad-based programs that are exercised or settled after December 31, 2017.
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12.01.2017New Seattle Personal Income Tax Ruled IllegalUpdatesThe King County Superior Court held on November 17, 2017, that Seattle’s recently adopted city income tax is illegal under Washington law.
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07.27.2017New Seattle Income Tax: Answers to Your FAQsUpdatesThe City of Seattle adopted Ordinance 125339 on July 14, 2017, which imposes an income tax on Seattle residents and certain irrevocable trusts.
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05.18.2017Potential HIPAA Pitfalls for Developers of Healthcare AppsUpdatesAs federal and state governments struggle to address future healthcare regulation, demand for healthcare that is cheaper, better and faster continues to surge.
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05.11.2017The American Health Care Act: What Has Changed and What Is NextUpdatesOn May 4, 2017, the U.S. House of Representatives approved the American Health Care Act (AHCA) by a vote of 217 to 213 (with 20 Republicans voting against the bill), sending the AHCA to the Senate.
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05.03.2017Another HIPAA Settlement: Stolen Laptop Costs $2.5 Million Plus Encryption RequirementUpdatesThe U.S. Department of Health and Human Services recently announced yet another HIPAA privacy and security settlement involving Protected Health Information on a stolen laptop.
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04.27.2017Employer Shared Responsibility: Have Penalties Been—or Will Penalties Ever Be—Assessed?Updates
Are you an Applicable Large Employer (ALE) that has received rejected Forms 1095-C from the IRS? If so, you are not alone.
This update was also published by Employee Benefit Advisor on 05.04.2017, "Views Assessing Employer Shared Responsibility Penalties," and by Society for Human Resource Management on 05.05.2017, "Employer Shared Responsibility: Have Penalties Been—or Will Penalties Ever Be—Assessed?" -
04.19.2017The Fate of the ACA’s Cost-Sharing Reduction SubsidiesUpdatesAs deliberations over a replacement of the Affordable Care Act (ACA) continue in the U.S. House of Representatives, the fate of the ACA’s Cost-Sharing Reduction subsidies may be at stake.
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04.12.2017House Amends the American Health Care Act: Where Will It Lead?UpdatesOn the last day before the U.S. Congress began its spring recess, the U.S. House of Representatives amended the now consolidated bill H.R. 1628, known as the American Health Care Act.
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04.06.2017Recent HIPAA Privacy and Security Settlements and Lessons LearnedUpdatesAlthough the fate of the Affordable Care Act remains undecided, enforcement of the HIPAA privacy and security regulations by the Office for Civil Rights of the U.S. Department of Health and Human Services is ongoing, with three settlements and one assessment of penalties already in 2017.
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03.28.2017American Health Care Act Pulled From House Floor: No New Legislation to Repeal and Replace the ACAUpdatesThe much-anticipated vote by the U.S. House of Representatives on the “American Health Care Act,” also known as “AHCA” or the “Obamacare replacement bill,” was cancelled last week, leaving many to ask “what now?”
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03.10.2017New Legislation Proposes to Repeal and Replace the ACAUpdatesThe U. S. House of Representatives (the House) proposed two bills to “repeal and replace Obamacare” this week, and while many popular consumer protections under the Patient Protection and Affordable Care Act (ACA) look to be preserved at this stage, some significant changes are included that could have an impact on employers and other plan sponsors if signed into law. We’ve highlighted a few of these potential changes below.
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01.23.2017SEC Staff Allows Brokers to Set Fund Commissions with “Clean Shares”UpdatesThe SEC’s Division of Investment Management issued a no-action letter on January 11, 2017 explicitly permitting brokers to set their own commission rates for sales of so-called “clean shares” of mutual funds.
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01.19.2017Avoiding COBRA’s Bite: Measures to Counter COBRA Class ActionsUpdatesWith the filing of a class action complaint in late 2016 in the U.S. District Court for the Southern District of Florida, Wal-Mart Stores, Inc. became the latest large company accused of failing to provide adequate notices as required by COBRA.
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12.27.2016SEC Staff Smooths the Way for DOL Fiduciary Rule ComplianceUpdatesThe SEC’s Division of Investment Management released a Guidance Updateon December 19, 2016, addressing certain procedural issues that have arisen in connection with the so-called “Fiduciary Rules” adopted by the U.S. Department of Labor.
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12.16.2016Basics of New Qualified Small Employer Health Reimbursement Arrangement (QSEHRA)UpdatesThe Qualified Small Employer Health Reimbursement Arrangement (QSEHRA), part of the 21st Century Cures Act signed into law by President Barack Obama on December 13, 2016, makes available to small employers a new option to provide health reimbursements or payments to eligible employees by setting aside IRS guidance that made stand-alone health reimbursement arrangements (HRAs) subject to penalties under the ACA.
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11.22.2016Will Employers’ ACA Obligations Change Under the Trump Administration?UpdatesDuring his campaign, President-elect Trump promised to make the repeal and replacement of the Affordable Care Act (ACA) a priority. Now that the election is over, what should employers expect?
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05.31.2016New Arizona Legislation May Affect the Interests of Arizona Businesses and EmployersUpdatesTwo new statutes, signed into law by Arizona Governor Doug Ducey this legislative session, attempt to set new standards on defining the employment relationship and how wages are regulated.
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04.28.2016New HIPAA Phase 2 Audits: Targets Notified by Email OnlyUpdatesThe U.S. Department of Health and Human Services Office for Civil Rights recently announced the long-awaited launch of Phase 2 of its HIPAA Audit Program.
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02.01.2016Tacoma’s New Minimum Wage and Paid Leave Laws Now in EffectUpdatesAs of February 1, 2016, employers with employees who work in Tacoma must comply with two new legal requirements.
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10.08.2015Dodd-Frank Executive Compensation Update: SEC Adopts CEO Pay Ratio Disclosure RulesUpdatesThe Securities and Exchange Commission (SEC) recently adopted final rules implementing one of the last four remaining executive compensation requirements under the Dodd-Frank Wall Street Reform and Consumer Protection Act.
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07.31.2015SEC Proposes Rules to Implement Dodd-Frank Act Executive Compensation ClawbackUpdatesThe Securities and Exchange Commission (SEC) recently proposed another long-awaited set of rules to implement the additional clawback policy required under the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act).
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06.02.2015SEC Proposes Executive Pay-for-Performance Disclosure RulesUpdatesThe Securities and Exchange Commission recently proposed rules that would require public companies to disclose the relationship between executive compensation actually paid and the company’s financial performance.
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08.21.2014Bay Area Commuter Benefits Program BasicsUpdatesEmployers in the San Francisco Bay Area must now help their employees use alternative transportation under a program approved by the Bay Area Air Quality Management District (BAAQMD) and the Metropolitan Transportation Commission.
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05.21.2014Speak Up Now: Seattle $15 Minimum Wage Proposal Comment Period Begins May 22UpdatesThe Seattle employment community is abuzz about the prospect of a $15 minimum wage for all Seattle employees, which would make it the highest minimum wage in the nation.
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03.04.2014Final “Play-or-Pay” Regulations Provide Relief and Much Needed ClarificationUpdatesThe Affordable Care Act added the so-called “Play-or-Pay” mandate or “Employer Shared Responsibility” provisions to the Internal Revenue Code (the Code).
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11.01.2013Year 2014 IRS Dollar LimitsUpdatesThe IRS announced the Year 2014 cost-of-living adjustments for various provisions affecting employee benefit plans.
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10.07.2013The Affordable Care Act Creates Compliance Challenges for HRAs and Other ArrangementsUpdatesOn September 13, 2013 the U.S. Department of the Treasury (IRS), the U.S. Department of Health and Human Services (HHS), and the U.S. Department of Labor (DOL), collectively referred to herein as the Departments, coordinated the issuance of guidance regarding the application of certain provisions of the Affordable Care Act (ACA) to health reimbursement arrangements and other employer-sponsored healthcare arrangements.
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10.01.2013Financial Reform Act: SEC Proposes CEO Pay Ratio Disclosure RulesUpdatesRecently, the SEC, by a vote of 3 to 2, proposed long-delayed and controversial rules to implement the “CEO pay ratio” disclosure mandated under the Dodd-Frank Wall Street Reform and Consumer Protection Act. The proposed rules, voted in on September 18, 2013, would require U.S. public companies to disclose the median annual total compensation of all employees and the ratio of that median to the annual total compensation of the company’s CEO.
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09.25.2013Some Employers Need to Start Affordable Care Act Measurement Periods in 2013UpdatesThe employer shared responsibility provisions, sometimes referred to as pay-or-play, of the Affordable Care Act (ACA) will take effect on January 1, 2015, but in order to be ready to comply, some employers need to take action now.
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09.18.2013IRS Guidance on Same-Sex Marriage: Employee Benefit ConsiderationsUpdatesIn response to the Supreme Court decision in United States v. Windsor, 133 S. Ct. 2675 (2013), the Internal Revenue Service issued Revenue Ruling 2013-17 (Ruling) on August 29, 2013, in which the IRS set forth the following federal tax principles:
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09.12.2013Ready for HITECH Changes on September 23, 2013? Find Out With This Compliance Checklist for Employer-Sponsored Health PlansUpdatesThe final regulations implementing the Health Information Technology for Economic and Clinical Health (HITECH) Act were issued in January and compliance is required by September 23, 2013.
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08.19.2013Deadline for Annual Participant Fee Disclosure Extended for Six MonthsUpdatesOn July 22, the Department of Labor (DOL) issued Field Assistance Bulletin No. 2013-02 (FAB 2013-02) that extended the deadline for plan sponsors to provide 2013 annual participant fee disclosures by six months.
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08.06.2013Do Your Confidentiality Policies Pass NLRB's Expanding Standards?UpdatesThe National Labor Relations Board, the agency that enforces federal labor law, continues to challenge employer policies that seek to impose confidentiality constraints on employees. This is unlikely to change now that the Senate has confirmed President Obama’s nominations for all five members, bringing the NLRB to full strength for the first time in years.
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07.16.2013Post-Windsor Treatment of Same-Sex Spouses Under Qualified Retirement PlansUpdatesThe United States Supreme Court significantly changed the treatment of same-sex spouses under qualified retirement plans in United States v. Windsor. For the implications of Windsor and its companion case Hollingsworth v. Perry on health and welfare plans, please read our prior Client Update.
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07.03.2013Implications of Same-Sex Marriage Decisions by U.S. Supreme Court for Employer-Sponsored Health and Welfare Benefit PlansUpdatesTwo controversial cases involving same-sex marriage were decided on June 26, 2013 by the United States Supreme Court. The first is United States v. Windsor and the second is Hollingsworth v. Perry.
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07.02.2013Play-or-Pay Tax Penalties Under Affordable Care Act Will Not Apply Until 2015, Treasury Department AnnouncesUpdatesThe U.S. Department of the Treasury announced today that after hearing and considering the concerns of employers about the complexity of compliance with the Play-or-Pay requirements under the Affordable Care Act, it is postponing the mandatory employer and insurer reporting requirements until 2015.
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06.12.2013Revised IRS Form 720, Updated for Reporting Patient-Centered Outcomes Research Institute (PCORI) Fees, Now Available: Due by July 31, 2013UpdatesThe Affordable Care Act (the ACA) established the Patient-Centered Outcomes Research Institute (the Institute) in order to provide comparative clinical effectiveness research data so that patients, health care providers, purchasers of health care and insurance products and policy-makers can make informed decisions.
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04.22.2013The Affordable Care Act’s “Play-or-Pay” Mandate: Who Is a Full-Time Employee for Purposes of the Employer Shared Responsibility Payment?UpdatesRecently, we published a Client Updateexplaining how the Play-or-Pay mandate, or Employer Shared Responsibility provision, under the Affordable Care Act (ACA) generally works.
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03.27.2013Portland Adopts Mandatory Sick Leave LawUpdatesPortland has become just the fourth U.S. city to require that employers provide sick leave. The Portland ordinance goes into effect January 1, 2014. Following is a brief summary of the ordinance. As the effective date approaches, we will provide updates dealing with the many traps and reporting difficulties created by the ordinance.
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02.12.2013The Affordable Care Act’s “Play or Pay” Mandate: How It WorksUpdatesThe Affordable Care Act added the so-called “Play or Pay” mandate or “Employer Shared Responsibility” provisions to the Internal Revenue Code (the Code). Starting in 2014, certain employers may be subject to a penalty tax, or “Employer Shared Responsibility Payment,” if (1) they fail to offer the opportunity to enroll in an employer-sponsored health plan that offers “minimum essential coverage” (MEC) to substantially all full-time employees (and certain dependents); or (2) MEC is offered but it is unaffordable or does not provide the required minimum value; and (3) at least one of the employer’s full-time employees receives a premium tax credit or cost-sharing reduction for purchasing health insurance through an Exchange.
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01.30.2013Exchange Notice Deadline Postponed: Employers Need Not Furnish the Notice of Coverage Options Available Through Exchanges by March 1, 2013UpdatesThe Affordable Care Act requires employers to provide written notice of coverage options available through an Exchange (the Exchange Notice) to each employee by March 1, 2013 and to each new employee thereafter on his or her date of hire.
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01.28.2013New HIPAA Omnibus Rule Implementing Provisions of the HITECH Act: An Overview of ChangesUpdatesFinal implementing regulations for many provisions of the HITECH Act (Health Insurance Technology for Economic and Clinical Health Act) were issued by the Department of Health and Human Services recently, and will appear in the Federal Register on January 25, 2013. Informally referred to as the Omnibus Rule, the regulations address a number of changes to the HIPAA Privacy Rule, HIPAA Security Rule, HIPAA breach notification rule, HIPAA privacy and security enforcement provisions, Business Associate definition and agreement requirements, and the interaction between HIPAA and the Genetic Information Nondiscrimination Act.
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01.23.2013Recent Changes to the IRS Employee Plans Compliance Resolution SystemUpdates
To kick off 2013, the Internal Revenue Service (IRS) issued Revenue Procedure 2013-12 updating the Employee Plans Compliance Resolution System (EPCRS), the voluntary compliance program for employer-sponsored retirement plans. Changes become effective on April 1, 2013, but plan sponsors may elect to use the revised program as soon as the IRS releases the newly created Forms 8950 and 8951.
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11.27.2012What’s New in Executive Compensation for the Upcoming Proxy Season: Compensation Committee and Adviser Independence, ISS Guidelines and Shareholder LitigationUpdatesPublic companies preparing for the upcoming 2013 proxy season will need to keep in mind a number of new developments related to executive compensation.
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10.25.2012Missed Rest Breaks May Generate Overtime Compensation in WashingtonUpdatesThe Washington Supreme Court has just issued its unanimous decision in the Washington State Nurses Association case. The court concluded that when a full-time employee (working 40 hours a week) works through a paid rest break, the employee is entitled to overtime pay on top of his or her regular pay.
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10.23.2012Year 2013 IRS Dollar LimitsUpdatesThe IRS has announced the Year 2013 cost-of-living adjustments for various provisions affecting employee benefit plans.
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10.12.2012Review Compensation Arrangements by Year End to Determine if Amendments Are Needed to Comply with Code Section 409AUpdatesIn early 2010, the IRS surprised the benefits community by stating in Notice 2010-6 that deferred compensation arrangements that condition payment on employee action (such as the execution of a release, noncompetition agreement or nonsolicitation agreement) violate the deferred compensation tax rules of Code Section 409A if the employee can accelerate or delay the year of payment.
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08.27.2012Seattle Paid Sick/Safe Time: Ten Tips and TrapsUpdatesSeattle's new "Sick and Safe Time" law goes into effect September 1, 2012. It requires virtually all employers to provide a minimum amount of paid leave to employees who work in the City of Seattle, even occasionally. The fact that the employer itself may be located outside the city does not matter—only the location where the employee works is relevant.
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08.06.2012Responsible Plan Fiduciaries: Formalize Response to Service Provider Fee DisclosuresUpdatesResponsible fiduciaries of ERISA defined contribution or defined benefit plans should have received fee disclosures from each of a plan's covered service providers by July 1, 2012, as required pursuant to the Department of Labor's final regulations under ERISA Section 408(b)(2) (the "408(b)(2) regulations").
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07.16.2012Modest Overtime Dispute Leads to A Half-Million-Dollar JudgmentUpdatesA recent decision illustrates the dangers of even a modest wage-hour claim under Washington law. A $12,000 overtime dispute turned into a bill for over $500,000 before the costs of appeal. According to the decision, an employee was incorrectly classified as an "administrative" employee exempt from Washington's overtime requirements. He was awarded $12,000 for his unpaid overtime.
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07.11.2012Employer-Sponsored Health Plans and Health Care Reform: Lots to Do!UpdatesThe U.S. Supreme Court's decision on the health care reform law has been subject to a lot of analysis already, but the bottom line is that all of the health care reform provisions that apply to group health plans and insurers that sell coverage to group health plans have been left standing and employers must make sure that their health plans comply.
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06.06.2012Good News in IRS Guidance on the $2,500 Health FSA LimitUpdatesThe IRS recently issued Notice 2012-40 providing guidance on the $2,500 limit on salary reduction contributions to health flexible spending arrangements (“health FSAs”) under cafeteria plans. The $2,500 limit is a new requirement that was added by the Patient Protection and Affordable Care Act and many plan sponsors (especially those with non-calendar year plans) have had compliance questions. The IRS Notice provides clarifications on several important points.
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04.19.2012HIPAA Enforcement Comes to Small Providers: $100,000 and Heightened Compliance ObligationsUpdatesA small cardiac surgery practice (two owners; currently five physicians) is the latest covered entity to enter into a settlement agreement and Corrective Action Plan (CAP) with the U.S. Department of Health and Human Services, Office for Civil Rights (OCR), to resolve alleged violations of the HIPAA privacy and security regulations. In announcing the $100,000 settlement OCR Director Leon Rodriguez stated, "OCR expects full compliance no matter the size of a covered entity."
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03.15.2012HIPAA Breach: Stolen Hard Drives Lead to $1.5 Million SettlementUpdatesBlueCross BlueShield of Tennessee (BCBST) has agreed to pay $1.5 million to the U.S. Department of Health and Human Services (HHS) and enter into a Corrective Action Plan (CAP) to settle alleged violations of the HIPAA privacy and security regulations. The enforcement action arose from the theft of 57 hard drives that contained audio and video recordings of customer service calls and included electronic protected health information (ePHI) of over one million individuals. The settlement resolves HHS’s first enforcement action in connection with the Health Information Technology for Economic and Clinical Health (HITECH) Act Breach Notification Rule. The CAP also provides insight into the kinds of security measures HHS expects companies in possession of ePHI to have in place.
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01.18.2012Auditing Health Plan Dependent Eligibility? Be CarefulUpdatesEmployers that allow dependents to be covered under their health plans need to be aware of health care reform rules that may limit their ability to retroactively remove ineligible dependents from coverage.
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01.10.2012More News From the IRS on W-2 Reporting of Health Coverage CostUpdatesThe IRS recently issued Notice 2012-9, which provides clarifications and additional guidance on the new employer obligation, added by the health care reform law, to report on Form W-2 the cost of health coverage provided to employees.
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12.19.2011HIPAA Audits Come With Short Turnaround TimesUpdates
Republished by BNA Tax Insights
The Department of Health and Human Services has begun a pilot program of HIPAA privacy and security audits for health care providers and health plans, and the audits will have some very short turnaround times. -
11.29.2011Employers Be Ready: Costs of Health Coverage Required on 2012 Form W-2UpdatesAs part of the changes made by health care reform, Section 6051(a)(14) of the Internal Revenue Code requires employers to report on Form W-2 the aggregate cost of employer-sponsored health coverage provided to employees.
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10.21.2011Year 2012 IRS Dollar LimitsUpdatesThe IRS announced the Year 2012 cost-of-living adjustments for various provisions affecting employee benefit plans.
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10.07.2011New Labor Law Poster Requirement Should Prompt Employers to Review Their Union Prevention PlansUpdatesOn August 30, the National Labor Relations Board NLRB published new rules that require virtually all private sector employers to post notices informing employees of their rights under the National Labor Relations Act—the federal law that protects employees who engage in union and other concerted activities.
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2011The Public Company Handbook: A Corporate Governance and Disclosure Guide for Directors and ExecutivesLawyer Publications
RR Donnelley (Fourth Edition, 2011)
Understanding the many SEC, NYSE, Nasdaq and state law issues that affect their companies can be a bewildering task for directors and officers. To help with this is the just released fourth edition of The Public Company Handbook: A Corporate Governance and Disclosure Guide for Directors and Executives, a "plain English" guide for directors and executives seeking to familiarize themselves with legal matters facing public companies. -
11.30.2010The End of 2010 Is Near: Updates and Action Items for Employee Benefit PlansUpdates2010 has seen a number of new developments concerning employee benefit plans and also marks the deadline for amending plan documents to come into compliance with certain developments from recent years. Below is a brief list of some significant plan issues from 2010 that may require prompt action. Items discussed in this update are only general descriptions of the required amendments and the actions that may be necessary. For more information on any topics discussed here, contact an attorney in our Employee Benefits and Executive Compensation practice group.
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11.02.2010The Financial Reform Act: SEC Issues Proposed Say-on-Pay RulesUpdatesThe SEC recently issued proposed rules to implement the provisions of the Dodd-Frank Wall Street Reform and Consumer Protection Act that mandate shareholder advisory votes on executive compensation (the say-on-pay vote), on the frequency of the say-on-pay vote, and on golden parachute compensation arrangements, as well as related disclosure requirements.
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11.02.2010Year 2011 IRS Dollar LimitsUpdatesThe IRS announced the Year 2011 cost-of-living adjustments for various provisions affecting employee benefit plans. The following table shows certain Year 2011 limits and those from prior years. 2011 limits listed below remain unchanged from 2010.
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10.29.2010In 2010 Employers Should Respond to New Developments for Existing and Future Separation ArrangementsUpdatesAmong the many tax issues implicated by separation arrangements are two relatively new developments that may require special attention when drafting offer letters, severance plans, release agreements, change in control arrangements and similar separation arrangements. Employers should review their separation arrangements by year-end to address these new developments.
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07.29.2010Perkins Coie Announces the Revised Edition of the Executive Compensation Disclosure Handbook: A Practical Guide to the SEC's Executive Compensation Disclosure RulesLawyer PublicationsPerkins Coie is pleased to announce the publication of a new edition of the Executive Compensation Disclosure Handbook: A Practical Guide to the SEC's Executive Compensation Disclosure Rules, a publication written by Perkins Coie attorneys and published by RR Donnelley.
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07.28.2010Interim Final Regulations Could Mean Trouble for Grandfathered Health PlansUpdatesThe Departments of Labor, Health and Human Services and Treasury (the "Departments") recently issued Interim Final Regulations (the "Regulations") on grandfathered health plans under the Patient Protection and Affordable Care Act ("PPACA").
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07.22.2010Reporting Requirements for Subcontract Awards and Executive CompensationUpdatesUnder a new Federal Acquisition Regulation ("FAR") requirement, effective July 8, 2010, federal contractors must disclose first-tier subcontractor award information for contracts valued at $25,000 or more.
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07.21.2010The Financial Reform Act: New Corporate Governance, Executive Compensation and Proxy Voting Provisions Apply to All Public CompaniesUpdatesCongress has approved the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, and President Obama has signed it into law.
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2010Executive Compensation Disclosure Handbook; A Practical Guide to the SEC's Executive Compensation Disclosure RulesLawyer Publications
RR Donnelly
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04.20.2010Health Care Reform: An Overview of What Employers that Sponsor Group Health Plans Should KnowUpdatesPresident Obama signed the Patient Protection and Affordable Care Act ("PPACA") on March 23, 2010 and the Health Care and Education Reconciliation Act ("RA") on March 30, 2010 (together, the "Acts").
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04.02.2010April 15 Deadline Approaching: Employers Should Consider Filing Protective FICA Refund Claims Related to Certain 2006 Severance PaymentsUpdatesA federal district court in Michigan has held that certain supplemental unemployment compensation benefits (SUB pay) are not "wages" subject to Federal Insurance Contributions Act (FICA) taxation.
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02.16.2010Deadline Approaching for EGTRRA Restatement and IRS Determination Letter Filings for Prototype and Volume Submitter PlansUpdatesPrototype and volume submitter defined contribution plans (such as profit sharing, 401(k) and money purchase pension plans) must be amended and restated for the Economic Growth and Tax Relief Reconciliation Act of 2001 (EGTRRA Restatement) and subsequent legislation and guidance by April 30, 2010. Employers who maintain a prototype or volume submitter defined contribution plan should have been contacted by their document provider who will provide the required restatement.
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01.29.2010COBRA Premium Subsidy Extended and New Notices RequiredUpdatesOn December 19, 2009, the COBRA subsidy program first introduced by the American Recovery and Reinvestment Act of 2009 (ARRA) was extended as a part of the Department of Defense Appropriations Act, 2010 (2010 Act). The extension allows individuals who are involuntarily terminated up to February 28, 2010 to pay only 35% of the premium for COBRA coverage and extends the maximum duration of subsidized coverage from 9 to 15 months.
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12.30.2009New Requirements No Longer "Option"-al! February 1, 2010 Deadline and Final Regulations on Return and Information Statement Requirements for ISOs and ESPPsUpdatesThe Internal Revenue Service recently issued new final regulations addressing the return and information statement requirements applicable to exercises of incentive stock options, or ISOs, and transfers of shares purchased under an employee stock purchase plan, or ESPP. The IRS has waived the requirements under the new regulations for ISO exercises and transfers of ESPP shares that occur during 2009.
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12.22.2009Happy Holidays From the SEC! New Rules Require Enhanced Compensation and Governance Disclosure: Our Top 10 Tips for the Upcoming Proxy SeasonUpdatesThe Securities and Exchange Commission recently adopted final rules to require enhanced compensation and corporate governance disclosure for public company proxy statements and other SEC filings. The final rules reflect changes that clarify, and in some instances broaden, the proposed rules issued on July 17, 2009. The SEC designed these amendments to improve corporate disclosures and allow shareholders to make more informed voting and investment decisions.
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12.02.2009End-of-the-Year Actions May Be Needed for Compliance With Code Sections 162(m) and 409AUpdatesPublic companies should take steps to determine whether any amendments may be required to new and outstanding compensatory arrangements in light of Section 162(m) of the Internal Revenue Code and certain transition relief under Revenue Ruling 2008-13.
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10.21.2009Year 2010 IRS Dollar LimitsUpdatesThe IRS announced the Year 2010 cost-of-living adjustments for various provisions affecting employee benefit plans.
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08.03.2009SEC Seeks More Sunlight—Proposes to Expand Compensation and Governance Disclosure for 2010 Proxy SeasonUpdatesThe Securities and Exchange Commission (SEC) recently released new proposed rules concerning compensation and corporate governance disclosure for public company proxy statements and other SEC filings.
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07.28.2009SEC Proposal Would Expand Compensation and Governance Disclosure for 2010 Proxy SeasonUpdatesThe Securities and Exchange Commission recently released new proposed rules concerning compensation and corporate governance disclosure for public company proxy statements and other SEC filings. The SEC intends these proposed amendments to improve corporate disclosures and allow shareholders to make more informed voting and investment decisions.
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07.16.2009Employers Must Act by the Last Day of the 2009 Plan Year to Amend Tax-Qualified Plans Pursuant to the Pension Protection Act of 2006UpdatesThe Pension Protection Act of 2006 made numerous changes to rules regarding employee benefit plans, including tax-qualified defined benefit and defined contribution plans. Although the changes took effect at various dates (and plans have been required to operationally comply with each change as of the specified effective date), amendments reflecting these changes generally do not have to be adopted until the last day of the plan's 2009 plan year.
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06.04.2008Important Reminder: Deadline Approaching for Amending Deferred Compensation Arrangements Under Section 409AUpdatesThe deadline is fast approaching for amending deferred compensation arrangements that are subject to Section 409A of the Internal Revenue Code.
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03.21.2008IRS Clarifies New Adverse Position on Section 162(m) Performance-Based Compensation Exception and Provides Transition ReliefUpdatesThe IRS recently issued Revenue Ruling 2008-13, which clarifies the IRS's new position with
respect to the applicability of the performance-based compensation exception for purposes of Section 162(m) of the Internal Revenue Code and grants transition relief to provide public companies an opportunity to review outstanding compensation plans, agreements and other arrangements in light of the IRS's new position. -
10.29.2007Expanded Deferred Compensation Relief: IRS Fully Extends Section 409A Documentation Deadline and Certain Transition Relief Through 2008, Delays Effective Date of Final Regulations and Provides W-2 and Other GuidanceUpdatesLast week the IRS issued Notice 2007-86, which delays until January 1, 2009 the deferred compensation final regulations of Internal Revenue Code Section 409A and generally provides expanded relief and guidance. The IRS also separately issued Notice 2007-89, which generally extends for the 2007 tax year prior IRS guidance to employers and other service providers regarding reporting and withholding obligations for annual deferrals of compensation and amounts includible in gross income due to Section 409A violations. This update summarizes key aspects of both notices and provides practical guidance.
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09.12.2007Limited Deferred Compensation Relief: IRS Partially Extends Section 409A Documentation Deadline and Provides Guidance — but Employers Must Still Take Some Actions by December 31, 2007UpdatesOn September 10, 2007, the IRS issued Notice 2007-78 providing limited relief and guidance for the deferred compensation tax rules of Internal Revenue Code Section 409A, including a limited extension until December 31, 2008 of the deadline to adopt documents that comply with Section 409A. This update summarizes the key aspects of the notice and offers practical tips for employers and other service recipients.
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06.07.2007IRS Narrows Definition of "Covered Employees" for Purposes of the $1 Million Limitation on Deducting Executive CompensationUpdates
This week the IRS issued guidance on identifying "covered employees" for purposes of Section 162(m) of the Internal Revenue Code in response to the SEC's recent amendments to its executive compensation disclosure rules. This Update summarizes the key highlights from this IRS guidance.
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04.16.2007Deferred No Longer! IRS Issues Section 409A Final Regulations Adding Generally Modest – but Helpful – ReliefUpdates
Last week the IRS issued the long-awaited final regulations under Section 409A of the Internal Revenue Code, which generally provides that amounts deferred under a "nonqualified deferred compensation plan" are currently includible in taxable income if not subject to a substantial risk of forfeiture, unless the plan meets specified design and operational requirements. Failure to comply with the applicable requirements of Section 409A can result in significant income tax consequences, including a 20% additional tax imposed on the employee or independent contractor.
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03.09.2007Perkins Coie Announces the Revised February 2007 Edition of the Executive Compensation Disclosure Handbook: A Practical Guide to the SEC's New RulesUpdatesPerkins Coie is pleased to announce a revised version of the Executive Compensation Disclosure Handbook: A Practical Guide to the SEC's New Rules, a publication written by Perkins Coie attorneys that provides a complete, plain English explanation of the SEC's executive compensation and related disclosure requirements.
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01.09.2007Are You Ready for the New Rules? Perkins Coie Announces the Executive Compensation Disclosure Handbook: A Practical Guide to the SEC's New RulesUpdatesPerkins Coie is pleased to announce the Executive Compensation Disclosure Handbook: A Practical Guide to the SEC's New Rules. This handbook is the most practical, plain English guide available for public company management, directors and general counsel on the SEC's new requirements for public company disclosure and reporting of executive and director compensation and related issues.
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12.22.2006Happy Holidays From the SEC! Change to New Compensation Disclosure Rules for Stock and Option Awards Effective for Upcoming Proxy SeasonUpdatesThe Securities and Exchange Commission just announced that it has amended its new executive officer and director compensation disclosure rules, effective immediately. The FASB requires companies to recognize the costs of equity awards over the period in which an employee must provide service in exchange for the award under Statement of Financial Accounting Standards No. 123 (revised 2004) Share-Based Payment. The new SEC amendments will more closely align the reporting of equity awards in the Summary Compensation Table and the Director Compensation Table to the amounts that are disclosed in the financial statements under FAS 123R.
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06.21.2006Delaware Supreme Court's Disney Decision Affirms the Business Judgment Rule and Endorses Compensation Committee Best Practices — "Quantify. Discuss. Document."UpdatesIn the Delaware Supreme Court's recent opinion in the Disney case, Justice Jacobs provided better "best practices" advice for compensation committee decision making (and by analogy, board and other board committee decision making) than we may have seen in decades. The court also rejected the argument that making a decision in the absence of adequate information and deliberation amounts to bad faith.
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03.30.2006Sunlight for Executive Pay — SEC Proposes Substantial Changes to Executive Compensation and Related Disclosure Rules and Clarifies Current RulesUpdatesThe federal securities laws already require clear, concise and understandable disclosure about the amount and type of all compensation paid to chief executive officers and other highly compensated executives of public companies. In recent years widespread and increasing interest in executive pay and the perceived inadequacy of current disclosure spawned frequent front-page headlines and heated rhetoric from members of Congress and shareholder advocates.
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12.28.2005Valuing Private Company Stock for Compensation Purposes - Practical GuidanceUpdatesInternal Revenue Code Section 409A, along with recent changes in financial accounting rules, has significantly increased the focus of private companies on accurately valuing their common stock for purposes of granting options and other equity incentive awards. Section 409A has upped the ante by imposing severe tax consequences on individuals for certain stock-based compensation that does not comply with the new deferred compensation tax rules, including stock options granted with an exercise price that is less than the fair market value of the company's common stock on the grant date.
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10.05.2005IRS Issues Section 409A Proposed Regulations - One-Year Extension for Many, but Not All, Deferred Compensation Compliance RequirementsUpdatesThe IRS has issued proposed regulations that expand the guidance available for complying with the deferred compensation tax rules of Section 409A of the Internal Revenue Code. Section 409A generally provides that amounts deferred under a nonqualified deferred compensation plan are currently includible in income if not subject to a substantial risk of forfeiture, unless the plan meets specified design and operational requirements. Failure to comply can result in significant federal income tax consequences, including a 20% additional tax.
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12.28.2004Treasury and IRS Issue First Round of Guidance on New Tax Rules for Deferred CompensationUpdatesOn December 20, 2004, the Treasury Department and the Internal Revenue Service issued Notice 2005-1 providing the first installment of guidance for the deferred compensation provisions of the American Jobs Creation Act of 2004, which are contained in new Section 409A of the Internal Revenue Code.
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10.20.2004Deferred No Longer? Congress Imposes Significant New Restrictions on Deferred CompensationUpdatesCongress recently approved the American Jobs Creation Act of 2004 (H.R. 4520), which includes provisions that impose significant new restrictions on deferred compensation. If these restrictions are not satisfied, deferred compensation amounts are taxable when vested and subject to tax penalties. President Bush is expected to sign the Act, but as of October 19th has not done so. This Update highlights the Act's key changes to deferred compensation requirements and offers practical guidance.
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05.30.2003Section 404 Internal Controls and Section 302/906 Certifications: SEC Adopts Final RulesUpdatesThe Securities and Exchange Commission (SEC) voted at its open meeting on Tuesday to adopt final "internal control" rules implementing Section 404 of the Sarbanes-Oxley Act. The SEC also voted to adopt final rules regarding Section 302 and 906 certification of disclosures in periodic reports.
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02.04.2003SEC Finalizes Rules Prohibiting Insider Trading During Pension Fund Blackout PeriodsUpdatesOn January 28, 2003, the SEC published final rules implementing Section 306(a) of the Sarbanes-Oxley Act of 2002, which generally prohibits insider trading during pension plan blackout periods. These rules became effective on January 26, 2003; however, the requirement to file notices of blackout periods with the SEC on Form 8-K is not effective until 60 days after publication of the rules in the Federal Register. For blackout periods occurring between January 26, 2003 and February 25, 2003, reporting companies should furnish blackout notices to directors and executive officers as soon as reasonably practicable. Blackout notices are not required for currently effective blackout periods that started before January 26, 2003.
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08.12.2002Executive Compensation and the Sarbanes-Oxley Act of 2002UpdatesThis Perkins Coie LLP Update summarizes the impact of the Sarbanes-Oxley Act of 2002 on public company executive compensation and makes practical suggestions for complying with the Act. The following provisions of the Act affect executive compensation arrangements and benefits:
Presentations
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05.15.2024Specialty Areas: Labor and Employment / Executive Compensation and Employee BenefitsSpeaking Engagements
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07.13.2023Proxy Season Deep Dive: 20 ThingsWebinarsThis proxy season review did a deep dive on the latest developments and issues that transpired from yet another wild proxy season, including shareholder engagement, universal proxy, shareholder proposal and voting trends—as well as a bevy of practice tips for the next proxy season.
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12.01.2022Proxy Season Roundtable: What You Need to Know NowWebinars
This proxy season preview covered all you need to know about the latest issues, including the SEC’s new pay-for-performance rules, shareholder engagement, and shareholder proposal trends, as well as a bevy of practice tips that you can use for this upcoming proxy season.
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12.01.2021
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12.08.2020
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04.09.2020 & 04.14.2020COVID-19 Corporate Leader Considerations Two-Part Webinar SeriesWebinarsLeading during a health pandemic requires strength, vision, and an ability to look around corners. Join us for a two-part webinar series that will highlight a variety of risks and opportunities that company leaders should be aware of as we navigate through major business changes.
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04.2020The CARES Act Webinar SeriesWebinarsJoin us for a timely webinar that will address key considerations for businesses exploring the financing opportunities made available under the CARES Act.
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07.20.2018Understanding Executive CompensationSpeaking EngagementsIn this podcast, Danielle shares her perspective on stock-based executive compensation design for small and midsize private companies. She also gives Candie a vocabulary lesson on the options for corporations and LLCs. The episode finishes with considerations for candidates when evaluating offers that include equity.
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10.07.2015 - 10.09.2015The Society’s Essentials Express Seminar and Western Regional ConferenceSeminarsThe Society of Corporate Secretaries & Governance Professionals / Seattle, WAWe are very pleased to announce that Perkins Coie partner Evelyn Cruz Sroufe will moderate the panel, “Directors Speak: The Changing Dynamics of the Boardroom” on October 9th, and that on October 9th, Perkins Coie partner, Sue Morgan, will participate in the panel, “Proxy Season: 2015 Review and 2016 Preview”.
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06.11.2015SEC Hot Topics InstituteSpeaking EngagementsThis seminar examined the latest developments and trends, provided insight into what lies ahead and impart practical, actionable guidance on the crucial issues facing today's corporate and securities law practitioners and finance professionals.
Employee Benefits Blog
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Washington Employers Soon Must Include Pay Ranges and Benefits Information in Job Postings
Washington Governor Jay Inslee, on March 30, 2022, signed into law amendments to the state’s Equal Pay and Opportunity Act (EPOA Amendments), which soon will require most Washington employers to include pay ranges and benefits information in their job postings. The EPOA Amendments become effective on January 1, 2023. Because the EPOA Amendments only define... Continue Reading… -
Contractual Considerations for Self-Funded Group Health Plan Sponsors in 2022
In our January 2022 update, we discussed new federal requirements that group health plans should pay close attention to in 2022. The sponsor of a self-funded plan will need to work closely with its legal counsel, benefits consultant, and administrative services only (ASO) provider or other third-party administrator (collectively, TPA) to modify its plan design and... Continue Reading… -
Washington Legislature Amends WA Cares Fund, Delays Premium Collection until July 2023
On January 27, 2002, Washington Governor Jay Inslee signed House Bills 1732 and 1733 into law, officially delaying the assessment of WA Cares Fund premiums until July 1, 2023. As a result, WA Cares Fund benefits will not be available until July 1, 2026. These delays give state lawmakers additional time to resolve key issues... Continue Reading… -
2022 Cybersecurity Issues and Recommendations for ERISA Plan Fiduciaries
New cybersecurity developments and observations, including those relating to U.S. Department of Labor review of cybersecurity issues, warrant prompt consideration by plan fiduciaries, including those plans covered by HIPAA. The following update includes recommendations to help ERISA retirement and health and welfare plan sponsors and responsible fiduciaries protect benefit plans and participants against cybersecurity risks... Continue Reading…