Monthly Archives: November 2014

Considerations for Employee Benefit Programs That Benefit Employers and Employees

My colleague Lee T. Polk authored Epstein Becker Green’s recent issue of its Take 5 newsletter.   This Take 5 features five considerations suggesting the advantages of employee benefit plans as programs that are beneficial to both employers and employees.

  1. Tax Aspects of Qualified Retirement Plans Can Save Money For Both Employers and Employees
  2. The Benefits of a Contractual Claims Limitation Period
  3. The Benefits of a Contractual Venue Selection Clause
  4. The Standard of Judicial Review in the Context of Top Hat Plan Benefit Disputes
  5. Fiduciary Exception to the Attorney-Client Privilege in Plan Administration

Read the full newsletter here.

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"Wellington Council approves golf-course buy at reduced price – but will Wanderers accept?" Howard Coates quoted in Palm Beach Post

WELLINGTON — Wellington Village Council members said they want to play hard ball in negotiating the lowest, best purchase price they can to buy the former executive golf course at the Wanderers Club for use as open parkland.

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Multistate Tax Update — November 26, 2014

Nevada: Voters decline the margin tax initiative

This election season, the Tax Foundation (Foundation) was closely watching voters in Nevada to see if they would approve the implementation of a margin tax, a member of the gross receipts tax family. The Foundation reported that the initiative was an attempt to raise revenue for public schools, but that voters defeated it “in a landslide.”

Prior to the election, the Foundation feared that Nevada would join the five other states—Delaware, Ohio, Virginia, Washington, and Texas (which has a modified version)—that have what it considers to be an economically damaging tax.

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A New Bill is Proposed in Massachusetts Legislature to Adopt the Uniform Trade Secrets Act

A new Uniform Trade Secrets Act bill has been proposed by the Massachusetts Board of Commissioners on Uniform State Laws for the Massachusetts Legislature to consider in its 2015 legislative session. The proposed bill represents another effort to bring Massachusetts law protecting trade secrets in line with that of the vast majority of other states. As discussed here last August, previous efforts to reform Massachusetts law on trade secrets and non-compete agreements have failed, including Governor Patrick’s efforts in the last legislative session to make non-compete agreements unenforceable in Massachusetts.

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Two for Tuesdays: Client Service

It’s hard to believe that only three days ago at this time, I was snorkeling with my clients in Costa Rica and seeing my first sting ray! Spending a few days with my clients always gets me thinking about networking, as you know, but it also gets me thinking about client service. So for today’s Two for Tuesdays, I have two tips for improving client service!

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Pat Williams presented at CHOA Fall Program

Pat Williams presented this past Saturday, November 22, 2014 at the Condominium Home Owner’s Association of BC (CHOA) Fall Strata Education Program. Pat presented on the subject of Insurance for the Strata Corporation, Council, Owner and Tenant.

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New Full Time Workers Earning Below Living Wage

Over 65% of new workers who have been unemployed in the last year are earning below the minimum living wage according to a new study from the Joseph Rowntree Foundation.

The Monitoring Poverty and Social Exclusion 2014 Report revealed that only 20% of those that had an underpaid job ten years ago have managed to move out of underpayment. The study also revealed that the average hourly rate fell for men by £1 from £13.90 to £12.90 between 2008 and 2013 whilst it decreased by 50p for women from £10.80 to £10.30 in the same period.

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OSHA Announces Its Regulatory Priorities for 2015

On November 21, 2014, the Department of Labor released its Agency Rule List, which provides the status of all rulemaking efforts at each of its agencies.  OSHA dominated the list of regulatory activity in the Department, listing 26 regulations in the prerule, proposed rule, and final rule stages. 

Of these 26 items, OSHA announced that its top regulatory priorities include:

  • Efforts to control exposure to crystalline silica
  • Enhancements to current infectious disease protocols in healthcare and other high risk environments
  • Issuance of a final rule modernizing its reporting system for occupational injuries and illnesses, requiring electronic submission of injury and illness survey data, which, notably, would be made publicly available
  • Issuance of final rules regarding procedures for handling whistleblower complaints under 9 of the 22 federal statutes which include whistleblower protection provisions that OSHA has been tasked with investigating and enforcing
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EBG is Featured Webinar Speaker – Safety of Temporary Workers in California: Strategies for Meeting Cal/OSHA and Fed/OSHA Compliance Obligations

On Monday, December 1 from 10:30 a.m. to 12:00 p.m. Pacific, our colleague Alka Ramchandani will be a featured speaker in a webinar hosted by California Employer Resources.

Ms. Ramchandani will identify the potential risks and liability associated with retaining temporary workers in California. She will provide strategies on how to minimize risk and liability when hiring temporary workers by ensuring all contractual agreements, expectations, and performance requirements are in place. 

As California companies hire more temporary workers to deal with economic, staffing, and business challenges, more employers are at risk for noncompliance with state and federal safety regulations regarding temporary workers. Although temporary contractor agencies in California are, in theory, responsible for the workers’ safety, your company as the host could be found responsible and held liable for work-related injuries and illnesses of temporary workers. 

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America’s Forum–Bruce Reinhart interviewed on Newsmax TV

Former federal prosecutor Bruce Reinhart discusses how the prosecutor in the Ferguson shooting case handled the grand jury decision.

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