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IRS Invites More Employers to Settle; Promises Process Will Not Open Pandora’s Box

Posted on May 20, 2014 by

On February 27, 2013, the IRS announced expanded eligibility for its Voluntary Classification Settlement Program (VCSP)(see this link). As many employers recognize, the Obama administration has made misclassification of employees (misclassified as independent contractors) a priority enforcement objective. The VCSP is a program that permits employers (taxpayers) to voluntarily reclassify their independent contractors as employees […]

Small Businesses can SHOP for Health Coverage Starting in 2014

Posted on May 20, 2014 by

When I take my Affordable Care Act show on the road, usually my audience consists of human resources and benefits professionals who are looking for information they can take back to their workplace and the business owners. Last week I had the opportunity to meet with business owners directly when I gave a presentation on […]

How Much Should You Get Paid for Getting Dressed in the Morning?

Posted on May 20, 2014 by

The United States Supreme Court will be considering whether the time that an employee spends putting on and taking off work clothes is a compensable act which would require payment for time spent in that activity. A case involving employees of U.S. Steel Corp. has been accepted by the Supreme Court based on the issue […]

DOL Plans to Take Final Action on Revised “Persuader Rules:” Employer Community Remains Unconvinced

Posted on May 20, 2014 by

According to the federal Department of Labor (DOL), it plans to publish a final rule in April 2013 revising its so-called “persuader rules” under the Labor-Management Reporting and Disclosure Act. The “persuader rules” have long obligated employers to disclose, in writing, certain activities aimed at thwarting union organization tactics but only under exceptional circumstances where labor-relations […]

Deaf Candidates are Entitled to Interpreter During Interview?

Posted on May 20, 2014 by

The Equal Opportunity Employment Commission has filed a federal lawsuit against Toys “R”‘ Us alleging that the Company violated the Americans With Disabilities Act when it did not provide a sign language interpreter to a deaf applicant at a job interview. The EEOC alleges in the federal lawsuit that a Company of this size would […]

There’s No Such Thing as a Free Lunch – Just Ask the Department of Labor

Posted on May 20, 2014 by

A few days ago I was reading the Wall Street Journal and came across an interesting article about whether daily, fringe-benefit meals are taxable – a watered-down version of the article may be accessed here. Apparently (and probably not too surprising to most), the IRS is considering whether these free lunches are fringe benefits on […]

No Backup Plan Needed, Exchanges Will be Ready by October 1 Says HHS Secretary

Posted on May 20, 2014 by

Last week I had the pleasure of talking Affordable Choice Act with human resource and benefits professionals in Madison and Wausau. From some of the questions I was fielding it was clear that there were some out there who doubted whether the federally facilitated exchanges will be operational by October 1, as required by the […]

Accurate Job Descriptions Key in ADA Case

Posted on May 20, 2014 by

The Eighth Circuit recently decided a case that stands for the notion that an employer’s description of the essential functions of an employee’s job, and not the employee’s specific personal experience in the job, is critical in determining whether or not an employee is qualified for protection under the ADA. In Knutson v. Schwan’s Home […]

Being At Work Is An Essential Job Function

Posted on May 20, 2014 by

One of my colleagues recently wrote about an Eighth Circuit Court of Appeals ruling that determined whether an employee is disabled. That determination was based on the employee’s ability to perform the essential functions of the job. Rather than considering the actual duties being performed by the employee, the Court looked to the job description […]

Tasty Tax Morsel – The IRS Wants A Bite!

Posted on May 20, 2014 by

My colleague, Bryan Symes, posted the other day about including the value of employer provided meals when calculating overtime compensation. Employers often provide delicious edibles to promote healthy eating, improve morale, and foster collaboration over lunch. Employers, however, provide those meals, snacks, and beverages to employees without chewing over the tax implications. Meals provided by […]