All entities, including governmental entities, are now potentially liable for penalties[1] due to overpaying employees. For-profit companies have been at risk for losing their tax deduction for excessive salaries, with publicly-traded companies subject to a specific $1 million limit that the Tax Cuts & Jobs Act (Act) just made easier to exceed,[2] and certain nonprofit organizations have been at risk for “intermediate sanctions,”[3] but the Act also created a new ... Keep Reading »

Not only does the Tax Cuts and Jobs Act contain a tax incentive to promote the offering of paid family medical leave (FML), but it creates a lower-cost way to eliminate common complications that arise when employees are unable to continue paying health plan premiums while on unpaid leave. Tax Incentive. Specifically, newly created IRC 45S provides a tax credit for employers with an eligible paid FML policy. Generally, the policy must provide for payment of at least 50 ... Keep Reading »

On January 5, the Department of Labor (DOL) announced that regulations it previously proposed will apply to certain retirement and medical disability claims filed after April 1. This article focuses on a few practical considerations. Practical Comments. We recommend employers consider the following when weighing whether the new regulations will impact benefit plans: Normally, when we think of “disability claims,” we think of medical plans or short or long term ... Keep Reading »

All employers are at risk of receiving a notice from the IRS that they are liable for a penalty under the Affordable Care Act for failing to offer enough employees insurance coverage, or for failing to offer particular employees insurance coverage. This alert offers a game plan to implement upon receipt of that notice. Continue Reading on CarltonFields.com » ... Keep Reading »