Roth 401(k) Contributions

In March 2005 the Treasury Department issued proposed regulations that would permit 401(k) plans to allow participants to make Roth contributions to the plan. We expect the proposed regulations will eventually be... Read more »

Issues in Accommodating Mental Disabled Under the ADA

A top-performing employee is diagnosed with depression and now says her medication makes it impossible for her to get to work on time; must an employer change her work schedule? A job... Read more »

Disease Management: Legal Implications

Health plans and employers in general continually struggle to control health care costs. Over the past several years, many plans have turned to disease management and wellness programs (collectively,"DM Programs") to control health care costs... Read more »

Employers Beware: Sarbanes-Oxley Requires Reinstatement for Real

Three years after the whistleblower provisions of the Sarbanes-Oxley Act of 2002 were passed, it has become clear that litigation of Sarbanes-Oxley whistleblower cases differs in several critical respects from litigation of other employment disputes.... Read more »

Section 409A Year-End Checklist

The new requirements relating to deferred compensation under section 409A of the Internal Revenue Code are effective January 1, 2005. Although the due date for amending plans to comply with section 409A... Read more »

Medicare Part D – Creditable Coverage Disclosure to CMS

On January 4, the Centers for Medicare & Medicaid Services (CMS) issued long-awaited guidance on the obligation for entities to inform CMS of whether prescription drug coverage is creditable for purposes of... Read more »

Retaliation Claims: An Increasing Problem for Employers

With increasing frequency, employers are facing claims of retaliation. According to the Equal Employment Opportunity Commission (EEOC), the number of retaliation claims filed with that agency has doubled over a 10-year period, and now represent... Read more »

Big Brother? – “Can I Be Fired For What I Do On My Own Time?”

“Off-the-clock” conduct is increasingly resulting in costs to employers. Additionally, off-duty conduct that has long added to cost for employers (such as smoking or other unhealthy conduct) is now being identified and... Read more »

Criminal History Checks and The Fair Credit Reporting Act

Many employers are required by law to perform criminal history checks prior to making permanent offers of employment to certain types of employees. Other employers conduct pre-offer criminal history checks on applicants for certain jobs.... Read more »

Avoiding Pitfalls In Job Interviews

Employers can be sued in connection with decisions not to hire a prospective employee or not to promote an existing employee based on conduct that occurs in a job interview. The good news for... Read more »