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WEBINAR August 12: Dobbs v. Jackson Women’s Health Organization: What Are the Complexities to Navigate for Your Organization and the Future of Abortion Protections in the US?

Register for this event The Supreme Court’s June 2022 decision reversing long-standing precedent protecting abortion rights has created complexities for employers and other organizations across the US. As we continue to watch the impact of the Dobbs v. Jackson Women’s Health Organization decision unfold, please join our team of lawyers in a conversation highlighting where we are now … Continue Reading

Dobbs v. Jackson Women’s Health Organization: What does this mean for employers? (US)

Today, in a 6-3 decision, the nation’s highest court reversed the long-standing, seminal pro-abortion case in Roe v. Wade. Justice Samuel Alito authored the majority opinion in Dobbs v. Jackson Women’s Health Organization, holding that, “[t]he Constitution does not confer a right to abortion; Roe and Casey are overruled; and the authority to regulate abortion … Continue Reading

Seventh Circuit Reminds Employers Words and Actions Both Count in FMLA Cases (US)

Most employers know that under the Family and Medical Leave Act (FMLA), employees who have worked at least one year (and at least 1,250 hours in that year) have the right to take leave for their own or a close family member’s serious health condition, among other reasons. And most employers that are subject to … Continue Reading

EEOC Issues Reminder That Caregiver Duties Continue Even As COVID Surge Wanes (US)

On March 14, 2022, the U.S. Equal Employment Opportunity Commission (EEOC) released a new technical assistance document, “The COVID-19 Pandemic and Caregiver Discrimination Under Federal Employment Discrimination Law,” reminding employers that caregiver obligations continue notwithstanding our gradual return to normal. The 10-page document warns that, even as pandemic conditions change, many employers, schools, and daycare … Continue Reading

US Federal Labor Viewpoints – Week of June 28, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of June 28, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of June 14, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of June 14, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of May 31, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 31, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of May 24, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 24, 2021. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, … Continue Reading

US Federal Labor Viewpoints – Week of May 17, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of May 17. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this issue, we … Continue Reading

Free and Extended COBRA Coverage Under The American Rescue Plan Act Of 2021: Update (US)

Section 9501 of the American Rescue Plan Act of 2021 (the “ARPA”)[1] requires employers to offer free COBRA coverage to certain individuals between April 1, 2021 and September 30, 2021. The ARPA provides tax credits to employers to offset the cost of the COBRA coverage. The right to free COBRA coverage extends to some individuals … Continue Reading

American Rescue Plan Tax Credits for Employers Who Voluntarily Provide FFCRA Leave – Supplement

This is a Supplement to our post on March 25, 2021 regarding Section 9641 of the American Rescue Plan Act of 2021 (the “ARPA”). This Supplement addresses state and local governmental employers. Section 9641 of the Rescue Plan makes available tax credits to offset the costs borne by certain employers who voluntarily provide emergency paid … Continue Reading

American Rescue Plan Tax Credits for Employers Who Voluntarily Provide Paid Sick Leave and Paid Family and Medical Leave (US)

On March 11, 2021, President Biden signed into law the American Rescue Plan Act of 2021 (the “Rescue Plan”).[1] This post reviews Section 9641 of the Rescue Plan, which makes available tax credits to certain employers who voluntarily provide paid time sick leave and family and medical act leave to employees for absences occasioned by the … Continue Reading

US Federal Labor Viewpoints – Week of March 15, 2021

From our Capital Thinking blog, our public policy colleague Stacy Swanson shares the latest federal employment law developments in in the legislative and executive branches during the week of March 15. *** This is a weekly post spotlighting labor topics in focus by the US legislative and executive branches during the previous week. In this … Continue Reading

Stimulus Bill Extends the Availability of Student Loan Forgiveness (US)

Section 2206 of the CARES Act allowed an exclusion of up to $5,250 from an employee’s gross income, if an employer paid principal or interest on an employee’s “Qualified Education Loan”. Section 2206 of the CARES Act was only designed to be in effect for calendar year 2020. However, The Consolidated Appropriations Act, 2021 (the … Continue Reading

Qualified Disaster Tax Relief – Retirement Plans and Employee Retention Credits (US)

Besides the COVID-19 pandemic, 2020 has also had its share of other disasters, including hurricanes, floods and fires. The Consolidated Appropriations Act, 2021 (the “CAA”) has provisions that are designed to provide tax relief for individuals and employers who have been adversely affected by one of the numerous federally declared “Qualified Disasters”. These provisions of … Continue Reading

Stimulus Bill Extends the Availability of Employee Retention Credits (US)

The Consolidated Appropriations Act, 2021 (the “CAA”) extends through June 30, 2021, the Employee Retention Credit provisions of Section 2301 of the CARES Act. It also favorably modifies the rules for claiming the Employee Retention Credits. These changes are generally effective as of January 1, 2021. These provisions of the CAA are found in Sections … Continue Reading

Supreme Court Ruling Limits Insurer and Employer Contraceptive Obligations (US)

Earlier this month the Supreme Court of the United States upheld a regulation adopted under the Trump administration significantly cutting back the requirement that insurers and group health plans provide coverage for contraceptives without cost sharing under the Affordable Care Act (ACA).… Continue Reading

School’s Out For….Ever?? Preparing for COVID-19-Related Attendance Challenges (US)

It seems like just yesterday that spring school terms were cancelled thanks to the coronavirus. Employees left the workplace en masse, sometimes without choice thanks to government shutdown orders, while others left suddenly to begin involuntary tours of duty as homeschool teachers with no training whatsoever, myself included. (My daughter’s strident request for a substitute … Continue Reading

New Electronic Delivery Option for ERISA Retirement Plan Information (US)

There is a new electronic delivery option for retirement plan sponsors who are looking for an easier and more efficient means of providing required plan information disclosures to plan participants and beneficiaries. Retirement plan administrators can now electronically notify participants and beneficiaries that certain disclosures are available on a specified website. In addition, retirement plan … Continue Reading

IRS Guidance Provides Employers with the Ability to Offer a Second Open Enrollment Period for the 2020 Plan Year and Provides Greater Flexibility for Making Mid-Year Cafeteria Plan Elections (US)

Providing much needed assistance to employees’ who were blindsided by COVID-19 and who were incapable of making health care coverage elections with COVID-19 in mind, the IRS on May 12, 2020, provided temporary relief that allows employers, during 2020, to expand the permissible reasons for employees to make prospective mid-year election changes to their health … Continue Reading

Top 10 Employment and Employee Benefit Issues in US Bankruptcy Cases

Bankruptcy is a term that tends to instill images of “For Sale” or “Everything Must Go” signs posted in windows, but this often is not the case. In fact, a bankruptcy filing is one way for a business to refocus its efforts and reorganize. Indeed, throughout history, many Fortune 500 companies have at some point … Continue Reading

Navigating Employee Return-to-Work Issues (US)

On Friday, May 15, 2020, Arizona’s “Stay Home, Stay Healthy, Stay Connected” order will expire. At that time, only a handful of states (Connecticut, Illinois, Massachusetts, and New Jersey) will still be under broad stay-at-home restrictions, but even those remaining states will begin the phased reopening process between May 15 and 30. As employers begin … Continue Reading
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