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Benefits in the News > By Subject >Fringe benefits - transit, discounts, other |
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[Guidance Overview] Milwaukee Becomes Third City to Mandate Paid Sick Leave for Employees Excerpt: "These recent municipal paid sick leave laws reflect a trend at both the state and municipal level toward heightened obligations on the part of employers to provide paid time off to employees, whether in the form of sick leave or paid family leave. Three states, California, New Jersey and Maryland, currently have laws requiring that employers provide paid family leave. A fourth, Washington, passed a similar law but has delayed implementation due to budget constraints." (Littler) [Guidance Overview] IRS Releases 2008 Version of Form 3903 for Use by Individuals Reporting Deductible Moving Expenses Excerpt: "The 2008 Form 3903 is virtually unchanged from the 2007 version. However, the standard mileage rate for individuals who use their own vehicles to move to a new home has changed from 20 cents per mile (for 2007) to 19 cents per mile for January 1-June 30, 2008 and 27 cents per mile after June 30, 2008. . . ." (Employee Benefits Institute of America) [Guidance Overview] OPM Issues Final Regulations on Emergency Leave-Transfer Program for Federal Employees Excerpt: "Although these regulations apply only to federal agencies, other employers can establish major disaster or medical emergency leave-sharing programs. The IRS has issued guidance on the tax consequences of major disaster leave-sharing programs . . . ." (Employee Benefits Institute of America) [Guidance Overview] Recent Developments for Health and Welfare Plans: Qualified Transportation Benefits and 'Michelle's Law' Excerpt: "There has been a flurry of legislative activity related to health and welfare plans. In this article, we touch on a few recent developments, including strengthening of the Americans with Disabilities Act of 1990 (ADA), enhancements to the rules for qualified transportation benefits and special rights under their parents' medical plans for college students on medically necessary leaves of absence." (JPMorgan Chase & Co.) GM Requires Salaried Workers to Take More Vacation Excerpt: "In an effort to conserve cash, General Motors will require thousands of salaried workers to take two additional vacation days in December. Those days will be taken on top of GM's two-week holiday shutdown next month." (Workforce Management; free registration required) [Guidance Overview] Five New Health Plan Compliance Developments Need Consideration (PDF) 5 pages. Law firm's newsletter provides overview of rules on mental health parity, bicycle commuter benefit, Michelle's Law, clarification of dependent child definition and Medicare secondary reporting requirements. (Trucker Huss) [Guidance Overview] Bicycle Commuter Benefits as Qualified Transportation Fringe Benefit (PDF) 2 pages. Excerpt: "An employee may be reimbursed on a tax-free basis for reasonable expenses incurred by the employee during the calendar year for the purchase of a bicycle, bicycle improvements, repair, and storage, provided the bicycle is regularly used to travel between the employee's residence and the place of employment.' (Groom Law Group) San Francisco to Milwaukee: Sick-Leave Law Not Bad Excerpt: "Local business owners howling over a ballot measure forcing them to provide paid sick leave might take comfort from San Francisco's example. An official there said his city hasn't suffered since a similar law passed there two years ago." (Fond du Lac Reporter) Milwaukee Paid Sick Leave Ordinance to Be Challenged Excerpt: "Although the ordinance is due to take effect in about 100 days, the Metropolitan Milwaukee Association of Commerce has filed notice that it intends to legally challenge the law on numerous grounds, among others, that (1) it is inconsistent with federal and state laws for family and medical leave; and (2) oversteps the city's authority to require sick pay from employers outside the city that have employees living in Milwaukee." (Workplace Prof Blog) Milwaukee Voters Approve Law Requiring Paid Sick Leave Excerpt: "Milwaukee became the third city in the U.S. to guarantee paid sick days for workers after voters overwhelmingly passed a referendum on the issue Tuesday, November 4. Despite opposition from the city's mayor and business community, 68 percent of voters approved the ordinance. The law will require employers within the city to provide each employee up to nine days of paid sick leave per year -- or one hour of sick leave for every 30 hours worked." (Workforce Management; free registration required) [Guidance Overview] New Paid Sick Leave Law in D.C. (PDF) 3 pages. Excerpt: "New legislation will soon require D.C. employers to provide employees with paid sick and/or safe leave. The 'Accrued Sick and Safe Leave Act of 2008,' which was approved by the Washington D.C. Council earlier this year, takes effect on November 13, 2008. Under the Act, D.C. employers will be required to provide employees with paid leave for absences relating to personal illness, family member illness, and certain absences relating to domestic violence or sexual abuse." (Powell Goldstein LLP) Employers Less Generous with Thanksgiving Leave This Year Excerpt: "The BNA Holiday Practices Survey indicates employers are less generous this year than they were in 2007 in granting paid time off during the Thanksgiving holiday season. However, BNA says the proportion of employers requiring some employees to work on Thanksgiving Day is at a 20-year low." (PLANSPONSOR.com; free registration required) [Guidance Overview] District of Columbia Accrued Sick and Safe Leave Act Becomes Effective Soon (PDF) 4 pages. Excerpt: "The District of Columbia Accrued Sick and Safe Leave Act of 2008 (the Sick Leave Act) will make the District of Columbia one of the first jurisdictions in the United States to mandate paid leave for an employee's sickness, to care for a family member (as broadly defined) who is sick, and for other purposes relating to medical conditions or domestic violence (sick leave). The Sick Leave Act will have a significant impact on employers, whether or not they currently provide paid sick leave." (Hogan & Hartson LLP) Despite Cutbacks, Automakers Continue to Offer Subsidized Vehicles for Many Managers Excerpt: "As Detroit's Big Three shutter factories, slash jobs and trim benefits, one executive perk remains: subsidized cars and trucks for management, often with insurance, maintenance and gasoline included. Bonuses have been frozen, health care co-pays increased and retirement plan contributions curtailed, but until recently, these management lease programs have remained largely untouched." (The Detroit News) [Guidance Overview] Ordinance Requiring Mandatory Paid Sick Leave for All Milwaukee Employees to Be Decided by Referendum (PDF) 3 pages. Excerpt: "On November 4, 2008, the citizens of Milwaukee will vote on a referendum determining whether private employers must provide up to nine days of paid sick leave for every employee in the City of Milwaukee. Passage of this referendum would impact employers both in Milwaukee and in surrounding areas." (Reinhart Boerner Van Deuren s.c.) [Guidance Overview] EESA Allows Bicycle Commuter Fringe Benefits Excerpt: "In an effort to encourage fuel-free commuting, the recently enacted Emergency Economic Stabilization Act (EESA) includes a provision allowing fringe benefits for bicycle commuters. Under the act, employers may provide tax-free reimbursement of up to $20 a month to employees for qualified bicycle commuting expenses. Allowed expenses include 'reasonable expenses incurred … for the purchase of a bicycle and bicycle improvements, repair and storage' if the bicycle is regularly used for a substantial portion of the employees' commute to work." (Watson Wyatt Worldwide) [Guidance Overview] New Transit Benefit for Bicyclists Excerpt: "Congress recently passed and President Bush signed the Emergency Economic Stabilization Act (EESA).1 Section 211 of the EESA amends Section 132 of the Internal Revenue Code (IRC) to create a new tax-preferred transit benefit for bicyclists. Effective January 1, 2009, private and public sector employers may provide tax-free subsidies to employees who regularly bike to work." (The Segal Group, Inc.) Employers Cut Perks, But Some May Go Too Far Excerpt: "In a recent survey, the Chicago-based consulting firm Challenger, Gray and Christmas Inc. found that 20 percent of businesses already have cut employee perks, and another 10 percent are considering doing so. John Challenger, CEO of the firm, says that companies should consider some low-cost perks, such as allowing casual attire, early Friday dismissals or making the office pet-friendly." (The Hartford Courant) [Guidance Overview] New Bicycle Commuter Benefit in Bailout Bill (PDF) 2 pages. Excerpt: "One provision of the financial bailout legislation enacted earlier this month creates a new tax-favored bicycle commuter benefit for employees. This new benefit may be offered by employers beginning in 2009." (Buck Consultants) China Issues Clarifying Measures for Paid Annual Leave Excerpt: "A law regarding paid annual leave that has been in effect since January 1, 2008 has been clarified with new implementation measures. These new measures came into force on September 18, 2008." (Watson Wyatt Worldwide) [Guidance Overview] Economic Stabilization Act Creates Bicycle Commuter Benefit Excerpt: "The Emergency Economic Stabilization Act (EESA) of 2008 (Pub. L. 110-343), enacted Oct. 3, 2008, creates a new qualified transportation fringe benefit. The EESA amends Code Section 132(f) to authorize employers to reimburse their employees for certain bicycle commuting expenses beginning Jan. 1, 2009. The new law permits a $20 monthly reimbursement for each month in which an employee 'regularly uses' a bicycle to commute to work, but not during any month in which that employee gets any other type of transportation reimbursement under Section 132(f)." (Thompson Publishing Group Inc.) [Guidance Overview] IRS Updates Business Travel Expenses Deemed Substantiated / Per Diem Rates Excerpt: "Revenue Procedure 2008-59 updates the rules under which an employee's expenses for lodging, meals and incidental expenses while traveling away from home are deemed to be substantiated under Treasury Regulation § 1.274-5 when an employer provides a per diem allowance. The Procedure also provides, for those employees and self-employed individuals who are not reimbursed, an optional method for use in computing the amounts paid or incurred for business meals and incidental expenses while traveling away from home." (Deloitte via BenefitsLink.com) Vail Valley Sanitation Worker's Mortgage Is Cheaper Than Rent, Thanks to Employer's Housing Program Excerpt: "Vail wastewater operator Jim Cliche recently bought a deed-restricted, three-bedroom house with a garage for about $300,000 in Edwards, about 15 miles away from work. He made a $3,000 down payment to close the deal under a new home-help mortgage program offered by the U.S. Department of Agriculture. Wells Fargo approved him for a loan. Cliche, 55, says his monthly mortgage payment is cheaper than rent would be on the same home in the open market." (The Denver Post) [Guidance Overview] Van Pools Cut Costs, But Increase Some Risks Excerpt: "As more businesses help their workers find lower-cost commuting options, employers need to be aware of the risks such programs can raise." (Workforce Management; free registration required) [Guidance Overview] IRS Delay of Effective Date for Smart Card Requirements Excerpt: "The IRS has delayed – again – the effective date of Revenue Ruling 2006-57, which confirmed that employers could use debit, credit or smart cards to deliver qualified transportation fringe benefits and outlined the required procedures for doing so. The ruling was supposed to take effect Jan. 1, 2008, but was delayed for a year to give transit systems more time to implement the required technology. Apparently some transit systems are still not ready. The revenue ruling is now slated to take effect Jan. 1, 2009, but employers and employees may rely on the ruling in the meantime." (Watson Wyatt Worldwide) [Guidance Overview] Time Off to Vote on Election Day Excerpt: "While some states have no applicable requirements, the majority of states obligate employers to provide employees time off to vote in certain situations and impose civil and/or criminal penalties for non-compliance. Some of these jurisdictions even require such time to be paid for non-exempt employees. Finally, some jurisdictions also obligate employers to provide employees time off to act as election officials." (Jackson Lewis LLP) [Official Guidance] Text of IRS Rev. Proc. 2008-66: Inflation-Adjusted Tax Items for 2009; Parking Exclusion to be $230 (PDF) 21 pages. Section 132 aggregate fringe benefit exclusion amount for transportation in a commuter highway vehicle and any transit pass is $120 (up from $115); monthly limitation for fringe benefit exclusion amount fo qualified parking is $230 (up from $220); Section 137 adoption expense exclusion limit is $12,150. (Internal Revenue Service) EEOC Steps in Following Employers' Attempts to Crack Down on Workers' Alleged Abuse of Sick Leave Policies Excerpt: "A recent lawsuit against retail chain Dillard's Inc. is highlighting what some claim is a growing problem in the workplace: employers asking too much information about workers' illnesses when asked for sick leave. In the Dillard's case, the Equal Employment Opportunity Commission claims that one California store required employees to reveal the specific nature of their illness in order to deem sick leave as an excused absence. The EEOC argues that this policy violates the Americans With Disability Act (ADA). EEOC v. Dillard's, No. 08-CV-1780 (S.D. Calif.)." (Law.com) [Guidance Overview] San Francisco Requires Employers to Provide Transportation Benefits Excerpt: "It is anticipated that regulations will be issued to provide guidance on the new requirements (e.g., on calculating the average number of employees, the average number of hours worked, etc.). Clarification will also be needed on how the 'look back' determination is administered in connection with the initial implementation of the law. For example, will January 19 be the date counting hours must commence in order to determine which persons are 'covered employees' entitled to benefits on February 1 – or, will December be the 'look back' month for counting hours in order to determine which persons are 'covered employees' entitled to benefits no later than January 19?" (Deloitte via BenefitsLink.com) [Guidance Overview] Bicycle Commuting Fringe Benefit Added to Code Section 132(f) Excerpt: "The new law allows employers to reimburse employees on a tax-free basis for certain bicycle commuting expenses incurred after December 31, 2008. The maximum annual benefit is $20 times the number of months during the calendar year in which the employee regularly uses a bicycle for a substantial portion of the travel between the employee's residence and place of employment." (Employee Benefits Institute of America (EBIA)) [Guidance Overview] Employee Benefit Changes Included in Financial Bailout Law Excerpt: "The massive financial bailout law, H.R. 1424, enacted on October 3, 2008 includes a number of extensions of tax provisions due to expire. Provisions of H.R. 1424 and other new laws affect employee benefits, including an extension and expansion of the mental health parity rules, health coverage for college students on medical leave, and rules for bicycle commuting. The law also has several executive compensation changes targeted at affected financial institutions that will be covered in a separate WorkCite edition." (McGuireWoods LLP) Three Perks That Work in Lieu of Raises Excerpt: "[W]hile pinching pennies is good for the wallet, it's not always good for employee morale. That's why many entrepreneurs are choosing to offer perks and benefits, in lieu of raises, that may not cost a lot of money but are worth more to employees than the standard 3.8% pay raise." (Entrepreneur.com via TheStreet.com) [Guidance Overview] New York Municipalities/school Districts: Paid Time Off for Breast Feeding and Prostate Cancer Screening Excerpt: "On July 21, 2008, Governor Paterson signed into law a bill amending both Civil Service Law §159-b and §159-c, which relate to leave granted to certain public employees for breast and prostate cancer screening respectively. The amendment, which becomes effective on August 20, 2008, clears up a major source of uncertainty for public employers, who in the past several years have become subject to several provisions of the New York State Civil Service Law which entitle employees to excused time off for breast and prostate cancer screening." (Bond, Schoeneck & King, PLLC) EEOC Sues Dillard's Over Sick Leave Inquiries Excerpt: "The government is suing the Dillard Store Services retail chain for requiring employees to disclose personal medical information or face dismissal. The U.S. Equal Employment Opportunity Commission (EEOC) charges in the suit that the Dillard's practice violates the Americans with Disabilities Act (ADA) by requiring employees seeking to use sick leave to tell the company the specific nature of their illness." (PLANSPONSOR.com; free registration required) Sabbaticals Still a Rarity in Business But Becoming More Common, According to Book Excerpt: "The new book, 'Reboot Your Life: How Taking Time Off From Work Will Enhance Your Personal and Professional Life,' is expected to be released next year. It's authored by a foursome that has dubbed itself 'The Sabbatical Sisters' -- Allen and coauthors Jaye Smith, CEO, Breakwater Consulting; Nancy Bearg, a security expert; and Rita Foley, a career coach." (Bank Systems & Technology) [Official Guidance] Text of IRS Rev. Proc. 2008-59: Ordinary and Necessary Business Expenses of Employees Traveling Away from Home (PDF) 31 pages. Updates and restates the rules for determining the amount of an employee's ordinary and necessary business expenses for lodging, meals, and incidental expenses incurred while traveling away from home that are deemed substantiated under § 1.274-5 of the Income Tax Regulations. Rev. Proc. 2007-63 is superseded. (Internal Revenue Service) Rewarding a Multigenerational Workforce: A Survey of WorldatWork Members, September 2008 14 pages. Excerpt: "For the first time, WorldatWork conducted a survey to gather information about how employers are approaching the challenge of rewarding a multigenerational workforce. The goal was to increase understanding about the relationship between reward practices and generational issues, as well as identify best practices for rewarding multigenerational workforces." (WorldatWork) Benefit Practices Inside the 'Best' Workplaces Excerpt: "[At EBN's Benefit Forum & Expo] three benefits executives discussed why their companies landed on this year's list of Fortune's 100 Best Companies to Work For in America. 'We all know that there is not one magic pill you take to become an employer of choice. It's a matter of your entire benefits package, which includes benefits, compensation, your management team, employee communication programs; and how you treat your employees . . . .' " (Employee Benefit News; free registration required) [Guidance Overview] San Francisco Mandates Employers to Provide Transportation Benefits (PDF) 2 pages. Excerpt: "On August 22, 2008, San Francisco Mayor Gavin Newsom signed into law Ordinance No. 199-08, which requires covered employers to offer their San Francisco employees at least one of three transportation benefit options. The law is the first of its kind in the United States. It was added as Section 421 of the San Francisco Environment Code, and is effective September 22, 2008. Employers are required to have an appropriate transportation benefit program in place within 120 days of the effective date, that is on or before January 19, 2009." (Seyfarth Shaw LLP) [Guidance Overview] 2008 Presidential Election: Candidates' Employment Proposals, updated 09/22/08 (PDF) 10 pages. Excerpt: "[T]he candidates have proposed changes to employer-paid leaves of absence [among other HR issues]." (Hewitt Associates) [Guidance Overview] IRS's Priority Guidance Plan for 2008-2009 Guidance Year Excerpt: "The [target page] discussion highlights some of the more significant pieces of guidance in the PGP and provides insights beyond the brief descriptions in the PGP. The complete employee benefits section of the PGP is reproduced at the end of this article." (Deloitte via BenefitsLink.com) Some Texas Companies Helping Employees Cope with Higher Transportation Costs Excerpt: "Employees are not the only ones worried about high gasoline prices and the effect on their pocketbooks. Employers are, too. Some companies are coming up with ways to help employees cope with high gas prices and transportation costs, including offering four-day workweeks and setting up van pools, according to a recent study by Mercer, a benefits consulting company." (Star-Telegram) The 2008 100 Best Companies for Working Moms Excerpt: "We've hit the working-mother lode this year with our 100 Best Companies. From flextime and telecommuting to backup child care and parental leave, these winners are expanding the concept of family-friendly benefits to make sure they cover adoptive parents, fathers and grandparents as well as working mothers -- even as the economy stumbles." (Working Mother) [Guidance Overview] Ruling on Trust Contributions Illustrates Use of Unused Sick and Vacation Leave to Fund Retiree Health Benefits Excerpt: "EBIA Comment: In its summary of the facts, the IRS focused on the right of bargaining unit members to approve participation in the arrangement. The IRS apparently concluded that the members' ability to accept or reject the CBA had no impact on the tax consequences of the arrangement. While the ruling explicitly addressed only the excludability of mandatory salary reduction contributions, there is no apparent reason why the mandatory contributions of unused sick or vacation leave should not also be excludable." (Employee Benefits Institute of America) Still-Rising Gas Prices Encourage Employers to Think Outside the Box Excerpt: "As gas prices nationwide climb north of $4 per gallon, most consumers cringe as they fill up. Although Louis Basso, president of The Alcott Group, a New York-based HR consulting firm, regrets he can't take away 'the whole pain' of rising prices for his employees, he's trying to do all he can to help. 'This is going to be our second round with offering our employees help with gas prices,' he says. About a year and a half ago, when gas prices hit $3 a gallon, the company, which employs 43 workers, gave each employee $100 via payroll to help ease the burden. [Originally published August 1, 2008.]" (Employee Benefit News; free registration required) [Guidance Overview] Important Changes for Transportation Plans Excerpt: "More employers may want to consider transportation plans, based on two recent developments and the continuing high cost of gasoline. Almost two years ago, the IRS clarified how debit cards should be used for Section 132 Transportation Plans. These rules, issued in Revenue Ruling 2006-57, were supposed to take effect on January 1, 2008. In 2007, Notice 2007-70 delayed the effective date for one year. In September 2008, Notice 2008-74 delayed the effective date one more year to January 1, 2010." (infinisource) [Guidance Overview] IRS Delays Effective Date of Guidance on Using Smartcards or Debit Cards for Mass Transit Benefits until January 1, 2010 Excerpt: "The IRS cited ongoing 'technology barriers to achieving compatibility with the requirements for vouchers' as its reason for extending the effective date a second time." (Deloitte via BenefitsLink.com) [Guidance Overview] New San Francisco & Massachusetts Guidance (PDF) Excerpt: "New guidance or proposed revisions have been issued related to both the Massachusetts and San Francisco health care reform laws. In addition, San Francisco has established a new mandatory commuter benefit." (Groom Law Group) [Official Guidance] Text of IRS 2008-2009 Priority Guidance Plan, Including Reg Projects for Retirement Benefits, Executive Comp, Healthcare and Other Benefits (PDF) 31 pages; dated September 10, 2008. (Internal Revenue Service) International and Cross-Border Retirement and Fringe Benefit Plans: IRS Advisory Committee Survey Seeks Opinions of Employers, Administrators, Practitioners, Consultants 2-page Word survey questionnaire; September 30 deadline. Excerpt: "The IRS Advisory Committee on Tax Exempt and Government Entities (TE/GE) (the 'ACT') is undertaking a study to identify international and cross-border activities, issues, challenges, impediments and barriers in connection with the design, coverage, portability, and tax administration of US employee retirement (qualified and non-qualified) and fringe benefit plans. . . [T]he ACT is particularly interested in the views of stakeholders, such as employers, administrators, trustees, custodians, practitioners and consultants regarding these issues [and asks for your views on or before September 30, 2008]." (IRS Advisory Committee on Tax Exempt and Government Entities) Sick Leave Payouts to Sarasota County, FL Employees Causing a Stir Excerpt: "A plan to make onetime payments totalling $4 million to senior county employees would save money in the long run but is causing a stir in a work force that has endured a year of layoffs and small or nonexistent raises. The proposal by the county is to eliminate employee sick leave banks, which allow workers to save unused vacation and sick time to use if they have a long-term illness or to cash out when they retire. While 126 employees would get checks for at least $10,000, the county estimates it would save about $900,000 a year by getting rid of the perk." (HeraldTribune.com) More Employers Utilizing System of Paid Time Off in Lieu of Vacation, Sick Leave or Other Leave Policies Excerpt: "Essentially, PTO allows employees to draw from a 'bank' of a specific number of days whenever the employee requires a day off. The defining feature of a PTO system is that the nature of the leave is irrelevant because missing a day of work simply depletes the bank by one day." (Human Resource Executive Online) Opposition by Governor Prompts Supporters to Drop Paid Sick Leave Measure from Ohio Ballot Excerpt: "The coalition pushing for a state version of the Healthy Families Act in Ohio is having the measure pulled from the November 4 ballot after very effective and well-organized opposition from the Ohio business community. The measure was doomed when Democratic Governor Ted Strickland weighed in against it after unsuccessfuly seeking to broker a compromise between business and the bill's supporters." (HR Policy Association) [Guidance Overview] Corporate Jets: How to Deal With the Tangle of FAA and IRS Rules (PDF) 3 pages. Excerpt: "Private jet travel's strengthened appeal is all the more reason to be aware of the pitfalls that go with flying on the 'company' aircraft, for business or for pleasure. Problems include the ownership and operational structure of the aircraft because the manner in which the aircraft is owned, operated, and funded can determine what regulations apply and many owners unknowingly fly under the wrong set of regulations." (Thompson Publishing Group via McDermott Will & Emery) [Guidance Overview] IRS Delay of Effective Date of Electronic Payment Card Guidance for Transit Expenses Excerpt: "EBIA Comment: This delayed effective date will be welcome news for the transit systems that are still struggling to comply with the technological requirements for vouchers (presumably, such as the need for single-purpose cards or cards with separate 'purses' for transit versus parking expenses). But in the absence of clear guidance from the IRS on the effect of using noncompliant cards before January 1, 2010, cautious employers with noncompliant cards should change to a compliant alternative, if one is available." (Employee Benefits Institute of America) Low-Cost, High-Value Benefits Can Aid Retention in a Difficult Economic Climate Excerpt: "With each blow to the economy, workers grow even more concerned that their jobs are at stake. But by using a little ingenuity, employers can beef up their benefits offerings with low-to-no-cost perks that can improve morale. . . . Karen J. Johnson, DVM, of Banfield Pet Hospital in Portland, Ore., says that her 400-person office allows around 40 pets each day to come into the office. 'It's a huge morale booster for the team member who brings their pet ... [and] it's a good social interaction for the team members.' Johnson cites studies crediting pet interaction with lower stress, increased productivity and improved staff relations." (Employee Benefit News; free registration required) Backers of Ohio Sick-Leave Initiative Pull Issue from Ballot Excerpt: "Supporters have pulled the plug on an Ohio ballot initiative that could have made the state the first to require employers to provide paid sick leave. The union-backed coalition Ohioans for Healthy Families said it has decided to remove the issue from the November 4 ballot, ending its effort to get the initiative before voters. The coalition said it was backing out because of intense opposition to the measure." (Workforce Management; free registration required) [Guidance Overview] Year-End Bonuses and the All-Events Test: Time to Review (PDF) 3 pages. Excerpt: "Due in large measure to FIN48, a number of taxpayers have begun reexamining their methods of accounting for executive and employee performance and incentive bonuses (generically 'year-end bonuses'). These reviews focus upon determining whether the taxpayer may accrue a federal tax deduction for year-end bonuses for the tax year in which the employee performs the related services." (Miller & Chevalier Chartered) IRS's Notice Delaying Effective Date of Smartcard Guidance for Transportation Benefits Excerpt: "The Internal Revenue Service (IRS) has released Notice 2008-74, delaying the effective date of Revenue Ruling 2006-57 which provides guidance to employers on the use of smartcards, debit, or credit cards, or other electronic media to provide qualified transportation fringes under sections 132(a)(5) and (f) of the Code." (International Foundation of Employee Benefit Plans) [Opinion] Two Interesting But Different Cases - Both Related to Broad Impact ERISA Has Across the Workplace Excerpt: "[I]n this first one, you find the story of the Third Circuit concluding that certain death benefits were not pension, but instead welfare, benefits, which did not vest and could be revoked, despite long time practice and the reliance of employees on the benefit as part of retirement planning. . . . In the second story, you see the potential reach of ERISA in an attempt, ultimately rejected by the court, to have it reach and protect what was otherwise allegedly illegal conduct in providing fringe benefits . . . ." (Stephen Rosenberg of The McCormack Firm, LLC) |
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