Archive for the ‘Publications’ Category
Court of Appeals orders deference to public employer’s initial determination in section 207-a case | Litigation Law
In a recent opinion, a divided New York Court of Appeals found a Ridge Road Fire District firefighter ineligible for General Municipal Law Section 207-a benefits where the District's initial determination denying benefits was supported by substantial evidence.
Office of Civil Rights imposes $5.3 million in fines for HIPAA privacy rule violations | Employee Benefits
In an unprecedented enforcement action, the Department of Health and Human Services’ (“HHS”) Office for Civil Rights (“OCR”) recently imposed a $4.3 million civil monetary fine and reached a $1 million settlement as punishment for violations of the Health Insurance Portability and Accountability Act (“HIPAA”).
Genetic Information Nondiscrimination Act of 2008 | Employee Benefits
Jules L. Smith and Bryan T. Arnault authored, and will present, a paper on the Genetic Information Nondiscrimination Act of 2008 (GINA), including interpreting regulations and case law. GINA is intended to provide individuals with legal protection against discrimination based on genetic information in health insurance and employment.
B&K Labor Update – 2010 | Employment Law
In April 2010, President Obama filled National Labor Relations Board vacancies with recess appointments of Craig Becker and Mark Pearce, both uni on-side labor attorneys.
B&K Labor Update – 2008 | Employment Law
What You Need to Know About Pre-Erisa Pension Credit as Boomers Reach Retirement.
B&K Labor Update – 2008 | Employment Law
What You Need to Know About Pre-Erisa Pension Credit as Boomers Reach Retirement.
Benefits Update – Fall 2006 | Employee Benefits
The New Funding Rules Have Been Enacted – Is Your Pension Ready? On August 17, 2006, President Bush signed into law the Pension Protection Act of 2006 (“PPA”). The PPA represents the firs t major overhaul in pension plan funding requirements since Congress enacted the Employee Retirement Income Security Act in September 1974 (“ERISA”).
ERISA Update – Summer 2004
On April 10, 2004, President Bush signed into law the Pension Funding Equity Act of 2004 (“PFEA”). Before the PFEA, the Internal Revenue Code required defined benefit pension plans to use the interest rate on 30·year U.S. Treasury bonds to determine their funding status.
ERISA Update – Summer 2002 | Employee Benefits
The New Health Reimbursement Arrangement that is Non-Taxable and More Flexible On June 26, 2002 Internal Revenue Service Notice 2002-45 was issued describing the tax benefits of a health reimbursement arrangement C’HRA”). Under the IRS definition, an HRA is paid for by an employer;