Technology Employment Law

Technology Employment Law

Legal Insight for Technology, Media, and Telecommunications Employers

Category Archives: Benefits & Compensation

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Considerations for Technology Companies to Attract, Motivate and Retain Key Talent

By Michelle Capezza I recently authored an article in TechLifeSciNews: “Considerations for Technology Companies to Attract, Motivate and Retain Key Talent.” The following is an excerpt: As technology companies innovate and grow, the need for knowledgeable, experienced employees increases along with the competition for the most highly-skilled workers.  As a result of the competitive marketplace … Continue Reading

Bell-Curve Rankings In at Yahoo

By Nancy L. Gunzenhauser and Jeffrey M. Landes It’s performance review season…meaning reports of various performance review systems are making headlines for employers. In a recent survey by OnForce, former technology employees turned-independent contractors stated that performance reviews were one of the least missed aspects of working as employees, only behind commuting. Performance reviews come … Continue Reading

IRS Chips Away at the FSA “Use-or-Lose” Rule

I recently coauthored a Client Alert, “IRS Chips Away at the FSA ‘Use-or-Lose’ Rule” with Jeffrey Lieberman, one of my colleagues in the Employee Benefits practice at Epstein Becker Green. The following is an excerpt: Under new guidance issued by the Treasury Department and Internal Revenue Service, Section 125 cafeteria plans can be, but are … Continue Reading

The Affordable Care Act: Technology Companies Must Continue Compliance Efforts

I recently coauthored an article in TechLifeSciNews, “The Affordable Care Act: Technology Companies Must Continue Compliance Efforts,” with Gretchen Harders, one of my colleagues in the Employee Benefits practice at Epstein Becker Green.  Following is an excerpt: Technology companies are in the unique position of developing new products and technologies for the healthcare industry, while … Continue Reading

The New Jersey Technology Council: Informative Discussions at the 2013 Annual Meeting

By Michelle Capezza The New Jersey Technology Council (NJTC) is a not-for-profit, trade association which focuses on connecting decision-makers and thought-leaders from technology and technology support companies through access to financing opportunities, networking, and business support. Through its programs, the NJTC provides timely business information to help its members grow and succeed and provides forums … Continue Reading

Affordable Care Act: Important Deadline for Employee Notices of the Health Insurance Marketplace (Exchange) Due October 1, 2013

By Gretchen Harders and Michelle Capezza On May 8, 2013, the Employee Benefits Security Administration of the Department of Labor (the “DOL”) issued Technical Release 2013-02 (the “Release”) providing important guidance under the Patient Protection and Affordable Care Act, as amended by the Health Care and Education Reconciliation Act of 2010 (the “Affordable Care Act”) … Continue Reading

Timeline of Highlights for Employer Group Health Plan Compliance with the Affordable Care Act

by Joan A. Disler, Michelle Capezza, and Gretchen Harders Now that the Supreme Court of the United States has upheld essentially all of the provisions of the Obama administration’s Affordable Care Act (“ACA”), employers are faced with looming deadlines to bring their group health plans into compliance with the ACA’s numerous new requirements. We have … Continue Reading

Health FSAs-Plan for the $2500 Cap

Cafeteria plans which provide a health flexible spending arrangement (FSA) allow participants to make pre-tax salary contributions to an account in order to receive reimbursements to pay for medical expenses that are not reimbursed through insurance or another arrangement (e.g., co pays, deductibles, eyeglasses).  Prior to the Patient Protection and Affordable Care Act of 2010, … Continue Reading

Final Extensions Provided for Retirement Plan Fee Disclosures and PPACA Summary of Benefits Coverage

On February 2, 2012, the U.S. Department of Labor (“DOL”) issued final regulations under Section 408(b)(2) of ERISA.  As a result, there is a new due date of July 1, 2012 by which certain service providers must make compensation disclosures to responsible plan fiduciaries of defined benefit and defined contribution plans (such as pension and … Continue Reading

PPACA-”Cert. Worthy”

In accordance with the briefing schedule issued last December, initial briefs have been filed with the U.S. Supreme Court for its judicial review of certain issues under the Patient Protection and Affordable Care Act of 2010 (“PPACA”).  The issues to be reviewed by the Court include whether (i) the minimum coverage provisions under PPACA and … Continue Reading

Extension of Due Date for Summary of Benefits Coverage under PPACA

On November 17, 2011, the Departments of Labor, Treasury and Health and Human Services issued a set of Frequently Asked Questions About Affordable Care Act Implementation (Part VII) and Mental Health Parity Implementation.  In FAQ 1, the Departments noted that they received many comments on the proposed regulations concerning the requirement to provide group health … Continue Reading

Get Ready for the Summary of Benefits Coverage under PPACA

On March 23, 2012, another requirement under the Patient Protection and Affordable Care Act (the “Act”)  will be effective-the requirement to provide group health plan participants and beneficiaries with a summary of benefits coverage that accurately describes the benefits and coverage available under the plan and a uniform glossary of terms (“SBC”).  These requirements were … Continue Reading

Proposed Regulations Released Relating to Health Insurance Premium Tax Credits under Affordable Care Act while Eleventh Circuit Finds Individual Mandate Unconstitutional

On August 12, 2011, the Departments of Treasury and Health and Human Services released Proposed Regulations to provide guidance to individuals who enroll in qualified health plans through State-based Exchanges, as envisioned under the Affordable Care Act, and to provide guidance to Exchanges that make qualified health plans available to individuals and employers.  The Exchanges … Continue Reading

Department of Labor’s EBSA Provides Extension to Applicability Dates for Retirement Plan Fee Disclosures

On July 13, 2011, the U.S. Department of Labor’s Employee Benefits Security Administration issued a final regulation under ERISA to extend and align the applicability dates for retirement plan fee disclosure rules (i.e., the service provider fee and conflicts of interest disclosures to plan fiduciaries as well as the participant-level fee disclosures).  The service provider … Continue Reading

Department of Labor’s EBSA Proposes Extension to Align Applicability Dates for Retirement Plan Fee Disclosures

Last year, two significant sets of regulations were issued that will affect qualified plan fiduciary responsibility and administration.  Last July, interim final regulations were issued requiring retirement plan service providers to disclose detailed information regarding their fees and potential conflicts of interest to plan fiduciaries.  These service provider disclosures were scheduled to apply to plan … Continue Reading
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