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The U.S. Department of Labor (DOL) performs wage and hour audits of employers by selecting them at random, or because they are in targeted industries (usually low-wage), or as a result of a complaint from an employee or former employee. The investigations have increased significantly over the past few years and can result in orders […]
The U.S. Department of Labor (DOL) is stepping up enforcement of the limits on permissible wellness incentives. For example, Dorel Juvenile Group Inc. agreed to pay a $14,563.50 penalty and return a total of $145,635 in tobacco surcharges to employees who originally had to pay them (Acosta v. Dorel Juvenile Group, Inc., No. 1:18-cv-02993-JRS-MJD (S.D. […]
With the current focus in the retirement plans community on missing and unresponsive 401(k) plan participants, practitioners have sought additional guidance from the U.S. Department of Labor (DOL) to clarify the meaning of a “reasonable search” for participants by an ongoing plan (see August column). As the community waits, plan fiduciaries are reviewing their current […]
The Work Opportunity Tax Credit (WOTC) is designed to be an incentive for employers to hire people who frequently face difficulty finding employment. As the name implies, this incentive is in the form of a tax credit. As such, it is administered by both the Department of Labor (DOL) and the Internal Revenue Service (IRS). […]
Companies struggle enough with their day-to-day and long-term business challenges. But for many industries, compliance with laws and regulations creates yet another layer of complication.
It wasn’t so long ago that older workers feared—and not without cause—losing their jobs to younger competition. The thought was that younger, energetic talent having just acquired the most up-to-date education would force out older colleagues who were making more money due to their seniority but who were likely to be less productive than the […]
It wasn’t so long ago that older workers feared—and not without cause—losing their jobs to younger competition. The thought was that younger, energetic talent having just acquired the most up-to-date education would force out older colleagues who were making more money due to their seniority but who were likely to be less productive than the […]
The U.S. Department of Labor’s (DOL) new model forms for Family and Medical Leave Act (FMLA) administration are now available, but don’t expect any substantive change. Only the expiration date has changed.
The U.S. Department of Labor (DOL)’s guidance for locating missing participants in the event of a plan termination has become more widely accepted for finding such participants in a variety of scenarios. But the guidance does not clearly state at what point the retirement plan fiduciary has met its obligation to track down missing participants […]
Federal agency audits are never far from the minds of employer retirement plan sponsors and their third-party administrators (TPAs), but knowing which recurring errors and internal controls most interest the Department of Labor (DOL) and the Internal Revenue Service (IRS) right now can be helpful in avoiding or preparing for such inquiries.