Headlines about "Leased, contract, contingent workers"

Gathered from the web by the editors at BenefitsLink.com.
[Guidance Overview] Modified Work Arrangements for Employees Under Code Section 409A
Excerpt: "This article examines the application of Section 409A to modified work arrangements -- on-call or reduced time work arrangements, consulting arrangements, leaves of absence, rehire situations and other employment-related changes. Internal Revenue Code Section 409A allows a 'separation from service' to be a payment trigger for deferred compensation, including separation pay, supplemental retirement benefits, account-balance deferred compensation and other payments. [Originally published March 23, 2009.]" (Faegre & Benson)

The Emerging New Workforce: Employment and Labor Law Solutions for Contract Workers, Temporaries, and Flex-Workers (PDF)
51 pages. Excerpt: "The purpose of this Report is to provide employers with the tools to prepare now for the employment and labor law challenges they will likely face when the post-recession workforce emerges. Littler predicts that 'contingent workers' will constitute, on average, a full 50% of the new source of workers to whom employers will turn as the recession ends. The result of this trend will be that contingent workers will make up approximately 25% of the total workforce, and this percentage will continue to increase." (Littler Mendelson P.C.)

Contingent Workers and Employee Benefits, Chapter in 3rd Edition of ERISA Litigation (PDF)
Excerpt: "The author reviews case law developments and offers recommendations on how companies and contingent workers might best deal with the issues involved. This is an update of an earlier version of this chapter for the third edition of ERISA Litigation, published by The Bureau of National Affairs in 2008, incorporating all legal developments that occurred through the end of 2007." (The Bureau of National Affairs, Inc. via Janich Law Group)

Google Cuts Temporary Workers; Also Curbs Fringe Benefits
Excerpt: "Google Inc. has jettisoned a substantial number of temporary workers in a recent austerity drive spurred by the recession . . . . To help shore up profits, Google's management has curbed some of the generous employee perquisites that have been a company hallmark for the past decade. It has closed some company cafeterias that serve free meals and last month withheld a $1,000 holiday gift that's traditionally distributed to all employees. Instead, the company handed out free cell phones that run on Google software -- a gift that management valued at about $400." (AP via The New York Times; free registration required)

A Wisconsin County Imposes Domestic Partner Benefits Mandate on Government Contractors
Excerpt: "Government officials for a Wisconsin county now require contractors with agreements worth $5,000 or more to offer health benefits to the domestic partners of their employees. A news report in the Madison, Wisconsin, Capital Times said the Dane County Board issued the mandate at a meeting last week. The county already offers domestic partner benefits to its own employees." (PLANSPONSOR.com; free registration required)

[Official Guidance] Text of OMB Advance Notice of Proposed Regs on Harmonization of PPA Funding Rules with Federal Cost Accounting Standards for Contractor Reimbursement
Excerpt: "SUMMARY: The Office of Federal Procurement Policy, Cost Accounting Standards Board, invites public comments concerning an Advance Notice of Proposed Rulemaking on the harmonization of Cost Accounting Standards 412 and 413 with the Pension Protection Act of 2006. DATES: Comments must be in writing and must be received by November 3, 2008." (U.S. Office of Federal Procurement Policy, Office of Management and Budget)

New Mexico Attorney General Upholds Health Coverage Requirement in State Contracts
Excerpt: "Attorney General Gary King issued a decision upholding the authority of the Governor's Office to require state contractors to demonstrate health coverage for their employees. Gov. Bill Richardson issued the executive order, which went into effect in July. It requires contractors with six or more employees to demonstrate that they offer health coverage in order to do work with the state." (New Mexico Business Weekly via bizjournals.com; free registration required)

[Guidance Overview] IRS Guidance on Deduction for Leased Employees' Meals and Incidental Expenses – and Dismissal of 'Common Law Employee' Relevance
Excerpt: "The most recent travel and entertainment expense issue involves deductions for meals and incidental expenses as covered in IRC §274(d)(1). That provision dictates the substantiation required to use that deduction and IRC § 274(n) generally limits that deduction to only 50 percent of meals and incidental expenses (M&IE) actually incurred . . . ." (Deloitte via BenefitsLink.com)

Worker Misclassification - Creating Employee Benefit Problems
Excerpt: "In addition to the problems of having insurance coverage defeated based upon 'employee' definitions, inadvertently promising benefits to those you did not intend, and jeopardizing the qualified status of your retirement plans, there is a another significant issue - ERISA preemption may not be available as a defense to claims brought by independent contractors." (Health Plan Law blog by Attorney Roy F. Harmon III)

[Guidance Overview] Deduction Limit for Meals/Incidental Expenses Paid to Leased Employees Addressed
Excerpt: "The IRS has issued a ruling addressing which party is subject to the percentage limitation for the deduction of meal and incidental expenses (M&IE) paid to leased employees. The ruling holds that the percentage limit applies to the party that ultimately bears the per diem expense, regardless of which party is the employer under the common law rules." (CCH Incorporated)

OMB Announces New Cap on Executive Compensation Costs in Federal Contracts
Excerpt: "The ceiling on executive compensation costs under government contracts is $14,284 higher in fiscal 2008 than in fiscal 2007, according to an administration memo released Tuesday." (National Journal Group, Inc.)

WSJ Examines How Federal Government Use of Contract Workers Contributes to Number of Uninsured U.S. Residents
Excerpt: "The use of contract workers by the federal government is 'quietly' contributing to the number of uninsured U.S. residents because some of the contractors do not offer employee health benefits, the Wall Street Journal reports." (Medical News Today)

[Guidance Overview] Seventh Circuit Rejects FedEx's Request To Review Class Certification
Excerpt: "According to a CNN news report, a Seventh Circuit panel rejected FedEx's request to review the nationwide class certification of the drivers' claim for employee benefits under the Employee Retirement Income Security Act (ERISA) and other state claims. Central to the case is the classification of workers as independent contractors. The decision clears the way for further proceedings in the nationwide class action suit that involves thousands of workers." (Health Plan Law blog by Attorney Roy F. Harmon III)

IRS Says FedEx Misclassified Some 13,000 Workers
Excerpt: "According to a filing with the Securities and Exchange Commission (SEC), FedEx said the IRS has tentatively concluded, subject to further discussion with the firm, that FedEx Ground's pick-up-and-delivery owner-operators should be reclassified as employees for federal employment tax purposes.' (PLANSPONSOR.com; free registration required)

Notes on the Strike of the MTV 'Permalancers'
Excerpt: "A group of self-described 'permalancers'--permanent freelancers who receive fewer benefits than official full-time employees--just went on strike and are picketing the headquarters of Viacom, MTV's parent company. As reported by the New York Times: Waving signs that read 'Shame on Viacom,' the workers, most of them in their 20s, demanded that MTV Networks reverse a plan to reduce health and dental benefits for freelancers beginning Jan. 1." (Workplace Prof Blog)

Judge Allows FedEx Drivers to Sue for Benefits As Group
Excerpt: "U.S. District Judge Robert Miller in South Bend, Ind., said the drivers could proceed with a class action against FedEx on claims that they deserve full-time benefits under federal law." (Bloomberg News via Los Angeles Times; free registration required)

Text of S. 2044 -- ''Independent Contractor Proper Classification Act of 2007'' (PDF)
11 pages. Excerpt: "To provide procedures for the proper classification of employees and independent contractors, and for other purposes." (U.S. Senate via American Benefits Council)

Please Take Survey by IRS Advisory Group: Improving the Employee Plans Compliance Resolution System
Are an attorney, accountant, actuary, consultant, third-party administrator, financial services provider, or other kind of retirement plan practitioner? Please help an official IRS advisory group supply the IRS with ideas for improving the Employee Plans Compliance Resolution System, by completing this online survey or emailing your response to the group. The deadline is the end of next week (October 19). These recommendations will address, but not be limited to, the directive to the Secretary of the Treasury under the Pension Protection Act of 2006 to continue updating and improving EPCRS. (IRS Advisory Committee (ACT) on Tax Exempt and Government Entities)

Senators Obama and Kennedy Introduce Measure Eliminating Safe Harbor for Independent Contractors
Excerpt: "Senators Barack Obama (D-IL) and Edward Kennedy (D-MA) have introduced a bill that would eliminate an existing safe harbor in tax law that protected employers that had properly classified individuals as independent contractors based on existing IRS rulings. The 'Independent Contractor Proper Classification Act' (S. 2044), would also prohibit employers from relying on established industry practice as a basis for classifying individuals as independent contractors . . . ." (HR Policy Association)

Watson Wyatt Comments on Pension Harmonization for Government Contractors
Excerpt: "The Pension Protection Act of 2006 (PPA) requires the Cost Accounting Standards Board (CASB) to harmonize the PPA's funding requirements with the cost accounting standards applicable to government contractors by January 1, 2010. Watson Wyatt has filed comments with the CASB regarding the harmonization project . . . ." (Watson Wyatt Worldwide)

Presentation: ESOPs and Government Contractors (PDF)
35 pages. (Morgan, Lewis & Bockius LLP)

Excellent Resource for Breaking Courts of Appeals Cases on ERISA Matters
The link we've provided for you sorts the cases by date; newest cases appear up top. Definitely one to bookmark! (FindLaw.com)

DOE Scraps Plan to End Pension Reimbursements
Excerpt: "The Department of Energy will not put in place a plan to stop reimbursing contractors for defined benefit pension plan costs, a DOE spokeswoman said . . . ." (Business Insurance)

Investigating Mislabeling of Workers in New York
Excerpt: "Gov. Eliot Spitzer is planning to step up enforcement against thousands of companies that illegally misclassify workers as independent contractors to cheat on taxes and skimp on employee benefits, the state labor commissioner said . . . ." (The New York Times; free registration required)

Chamber Comments on DOE Contractor Employee Pension & Medical Benefits Challenge (PDF)
3 pages. (U.S. Chamber of Commerce)

Group Comments: Department of Energy Contractor Employee Pension and Medical Benefits Challenge (PDF)
Excerpt: "The . . . organizations submit this letter in response to the request for comments from the Department of Energy ('DOE') as posted in the Federal Register on March 27, 2007." (American Benefits Council)

Comments on Department of Energy Contractor Pension and Medical Benefits Cost Challenges (PDF)
5 pages. Excerpt: "[The Council is] not suggesting that there are simple answers. But we are suggesting that there are tools available to reduce the volatility associated with defined benefit plans. The Council believes that for some employers the challenges posed by volatility are offset by the value they are able to still receive by continuing to sponsor defined benefit pension plans for their employees." (American Benefits Council)

Testimony at House Committee Hearing on Effects of Misclassifying Workers as Indep Contractors
Excerpt: "Congressman Jim McDermott (D-WA), Chairman of the Subcommittee on Income Security and Family Support, and Congressman Richard Neal (D-MA), Chairman of the Subcommittee on Select Revenue Measures [held] a joint hearing on the effects of misclassifying workers as independent contractors [on May 8]." (U.S. House Committee on Ways and Means)

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