The Internal Revenue Service and other governmental agencies are scrutinizing the pay practices of nonprofit organizations. Specifically, federal and state initiatives, trends and best practices are placing nonprofit organizations under pressure to disclose and justify the executive compensation programs.
On February 8, 2012, the DOL, IRS, and HHS issued a final rule with respect to Summary of Benefits of Coverage and Uniform Glossary. In general, the rule is effective for the first plan year or open enrollment period beginning on or after September 23, 2012. In short, compliance with the final rule will require health plans to distribute a Summary of Benefits and Coverage (in the form provided by the Departments)
On October 11, 2011, Daniel R. Brice and Jonathan M. Cerrito gave a presentation entitled “The Employee Benefits and Employment Picture for Photographers.” The information was presented before the Central New York Pictage User Group (CNY PUGs)–a group designed to facilitate communication and education among professional photographers on a regional level around the nation.
On Friday, May 11, 2012, Nathaniel G. Lambright will be presenting on Recent Developments at the NLRB. The program is being sponsored by Cornell University ILR School Labor and Employment Program, the NLRB Region 3, and the NYSBA Labor Employment Law Section. For more information on this program,
Effective December 22, 2011, as a result of recent emergency legislation, the District of Columbia Office of Tax and Revenue will require that payers of distributions from retirement plans subject to federal withholding withhold D.C. income tax at the highest D.C. income tax rate in effect at the time of distribution, presently 8.95%.
On November 30, 2011, the National Labor Relations Board voted to approve a resolution by the Board’s Chairman, Mark G. Pearce, for new rules to expedite election cases. Many employers and conservative pressure groups reacted to the initial proposal and the recent vote with vitriol and calls for the one Republican member, Brian Hayes, to resign from his post. After Member Hayes threatened to resign, the Board’s Inspector General launched an investigation into whether Member Hayes was unduly influenced to issue his threat. As gridlock grinds governmental functions in DC to a near standstill, it is important to sweep the rhetoric aside and determine what Chairman Pearce’s resolution really means for future election cases.
On August 22, 2011, the Departments of Health and Human Services, Labor and Treasury issued a proposed rule under the Patient Protection and Affordable Care Act (“PPACA” or the “Act”) that mandates group health plans and health insurance issuers to provide participants with a uniform summary of benefits and coverage (“Summary”). The effective date for the proposed rule is presently March 23, 2012. On November 17, 2011, the Department of Health and Human Services posted a statement on its website advising that the proposed rule may be delayed.
In a recent opinion, PERB reviewed the County of Chemung and the Chemung County Sheriff’s (“Joint Employer”) arguments that the Chemung County Sheriff’s Association’s (“Association”) proposed General Municipal Law Section 207-c procedure was non-mandatory, and therefore not subject to compulsory interest arbitration.
Four B&K attorneys have been selected to the 2011-2012 edition of The Best Lawyers in America. Selection to Best Lawyers is based on an exhaustive and rigorous peer-review survey comprising nearly 4 million confidential evaluations by the top attorneys in the country. The annual, advertisement-free publication has been described by The American Lawyer as “the most respected referral list of attorneys in practice.”
On October 31, 2011, a representative of the Department of Labor, Employee Benefits Security Administration, announced that the DOL expects to release guidance in the near future concerning new registration and reporting requirements for multiple employer welfare arrangements (“MEWAs”).