Business owners have wide discretion in determining the best corporate structure to use in setting up their businesses. Some use a single entity, while others use multiple entities, which can take the form of corporations, partnerships, and limited liability companies. Regardless of form, however, Continue Reading
U.S. Department of Labor Publishes Final Rule on Independent Contractor Status
The Bottom Line The U.S. Department of Labor (DOL) released a final rule that changes how potential employers assess whether a worker is an employee or an independent contractor under the Fair Labor Standards Act (FLSA). The final rule, issued January 9, 2024, was published in the Federal Continue Reading
Employee Relations Law Journal | ESG Investing by ERISA Plan Fiduciaries: The Saga Continues
There has been a long, confusing trail of regulatory and sub-regulatory guidance issued by the U.S. Department of Labor (DOL) dealing with the standards that plan fiduciaries must meet when selecting socially-conscientious investments for their retirement plan (i.e., so-called ESG investments). Continue Reading
Employee Relations Law Journal | To Disclose or Not to Disclose: Key Takeaways from the CAA’s New Broker and Consultant Compensation Disclosure Requirements
2022 has proven to be a pivotal year for group health plans, as many new rules and compliance requirements take effect. Of note, the Consolidated Appropriations Act ("CAA"), signed into law on December 27, 2020, introduced a new requirement that, starting December 27, 2021, brokers and consultants Continue Reading
U.S. Department of Labor Proposes New Rule on Independent Contractor Status
The Bottom Line The U.S. Department of Labor has proposed a new rule addressing the distinction between employees and independent contractors under the Fair Labor Standards Act.If adopted, it will replace the rule announced by the DOL in January 2021 and will be more focused on the “totality of Continue Reading
Employee Relations Law Journal | Are Brokerage Windows Broken? Cryptocurrency Release Creates Concern for Plan Fiduciaries
In recent months, the U.S. Department of Labor ("DOL") has become aware of firms marketing investments in cryptocurrencies to 401(k) recent months plans as potential investment options for plan participants. In response to these concerns, the DOL issued Compliance Assistance Release 2022-01 (the Continue Reading
Plan Coverage of At-Home COVID-19 Testing
The Bottom Line Effective January 15, 2022, plan coverage of FDA-approved over-the-counter at-home COVID-19 diagnostic tests is mandatory. Plan sponsors should immediately contact their pharmacy benefit managers to set up mechanisms for direct coverage of at-home tests.If any questions Continue Reading