The subject of taxation of employee benefits made rare headlines earlier this month when a New York grand jury indicted the Trump Organization and its chief financial officer, Allen Weisselberg, for tax crimes relating to unreported fringe benefits. The indictment alleges that Weisselberg intentionally failed to report and pay taxes on over $1.75 million of
Labor & Employment
New Law Requires Employers to Disclose Wage Ranges and Expands Scope of Gender-Based Wage Discrimination
The end of Connecticut’s legislative session always generates an influx of newly passed bills that affect employers. One such bill that was signed into law by Governor Lamont is Public Act 21-30, “An Act Concerning the Disclosure of Salary Range for a Vacant Position.” This law will go into effect October 1, 2021 and requires…
Incentives for COVID-19 Vaccines and Extra Time for FSAs
As the economy and public health situation gradually move to a more hopeful phase in Connecticut, employers and HR administrators will benefit from staying on top of current legal developments and trends in employee benefits. Let’s discuss two timely topics in employee benefits: (1) incentives for getting COVID-19 vaccines; and (2) extended time for employees…
CT Expands Anti-Discrimination Laws to Prohibit Discrimination Based on Natural Hair
Gov. Ned Lamont has signed into law House Bill 6515, entitled “An Act Creating a Respectful and Open World for Natural Hair”, commonly known as the “CROWN Act”, which makes it illegal to discriminate based on a person’s hair texture or protective hairstyle in employment, public accommodations, housing, credit practices, union membership, and state agency…
Connecticut Extends Sexual Harassment Training For A Third Time and President Biden Nominates A New NLRB General Counsel
Connecticut’s Sexual Harassment Training Deadline Extended to April 19, 2021
The CHRO has announced a third extension of the deadline to provide sexual harassment training for all employees, including supervisors and non-supervisors. In November 2020, the CHRO had announced that the deadline would be extended for a second time until February 9, 2021. Now, the…
Consolidated Appropriations Act of 2021-Retirement Plan Provisions
Partial Plan Termination Relief
Many employers may be facing what the IRS guidance refers to as a partial plan termination. Generally, this occurs when the number of employees participating in a qualified retirement plan, such as a 401(k) plan, decreases by 20% or more during the Plan Year. This is calculated by dividing all employer…
A Different Kind of “Mask Mandate”: Civil Rights Law Does Not Protect Employees Disciplined for Wearing “Black Lives Matter” Masks at Work
Earlier this month, a Massachusetts federal court dismissed discrimination and retaliation claims against Whole Foods Market and its parent company Amazon alleging that Whole Foods workers faced discipline and retaliation, including docked pay, cut hours, and even termination, for wearing face masks and other paraphernalia bearing the slogan “Black Lives Matter” at work. Whole Foods…
Beware the Ides— March 15 Deadline Approaches for Payment of Short-Term Deferred Compensation
HR administrators, employers, employees, and even independent consultants are all well-advised to remember the approaching March 15th deadline for the distribution of annual bonuses and many other forms of compensation that were earned in 2020.
Ever-lurking tax traps wreaked on businesses and individuals by Section 409A of the Tax Code makes each year’s due date…
COVID-19 Vaccines Go to Work
We have been getting questions about the extent to which employers may encourage their employees to obtain COVID-19 vaccines when they become eligible. There are a couple of thorny legal issues that may arise when employers offer incentives in connection with a voluntary employer-sponsored COVID-19 vaccination program. We are aware that several large employers are…
Substantial Relief Provided to Employees with Unused Health Flexible Spending Accounts or Dependent Care Accounts Benefits under Recent Stimulus Bill
Contained within the recent Stimulus Bill is the Taxpayer Certainty and Disaster Tax Relief Act of 2020. Section 214 of that Act provides flexibility for Health Flexible Spending Accounts (Health FSA) and Dependent Care Accounts (DCA).
Background
HFSAs and DCAs have certain limitations and restrictions known as the ‘use or lose’ rule, which generally provide…