Search the News Archive

Recent Updates to New York City Earned Sick Time Act

"[T]he New York City Earned Safe and Sick Time Act (ESSTA) ... was amended to expand benefits to employees ... by: [1] providing 32 hours of unpaid safe/sick leave to new employees upon hire and to all employees at the beginning of each benefit year, in addition to the required paid safe/sick leave; [2] expanding the categories for which employees can use safe/sick leave; and [3] codifying paid prenatal leave into New York City law. These changes go into effect on February 22, 2026."

New Sick Leave Laws in New York Come with New Employer Responsibilities

"NYC employers must provide each employee with notice of the changes under the law at the commencement of their employment or by October 30, 2020 for employees who are already employed.... NYC employers must also report the amount of sick time accrued and used during a pay period and the total balance on a pay statement or other form of written documentation each pay period beginning September 30, 2020.... NYC employers must extend sick leave benefits to domestic workers."

New York State Paid Family Leave Benefits Law to Go Into Effect January 1, 2018

"Upon full implementation, New York employers will be required to provide all full-time and part-time employees who have been working for the employer for at least 6 months, up to 12 weeks of paid leave from work per year.... The law provides job protection guarantees for all employees taking leave. Employees are also entitled to the continuation of their health care benefits during the leave period."

IRS Amends Safe Harbor Rollover Notices

"The amendments to the safe harbor notices reflect the IRS's revised position regarding the allocation of after-tax amounts where a distribution is to be distributed to more than one destination and consists of both pre-tax and after-tax amounts and the allocation of earnings with respect to distributions from a designated Roth account."

It's 'BEN-E' Time for FATCA Compliance

"The old IRS Form W-8BEN has been succeeded by two new forms ...[which] contain new FATCA certification provisions, and require a 'Global Intermediary Identification Number' (GIIN). While the old versions are still available for use with new accounts opened until the end of this year, it would be prudent to use the new forms now ... in order to avoid having to conduct FATCA due diligence and obtain new certifications later."

New York City's Paid Sick Time Law Goes Into Effect April 1, 2014

"Employers that already have paid sick leave policies should also review their policies to ensure that they meet the minimum requirements of the Act. Employers without a sick time policy should give serious consideration to adopting one in advance of April 1, 2014 or to revise their current PTO or vacation policy so that it is clear it encompasses paid sick leave. Those employers who have offices in other jurisdictions that have their own 'sick leave law' (such as Washington, D.C., San Francisco) will need to develop separate policies or coordinate a single policy that complies with multiple laws."

Suspension of 401(k) Safe Harbor Contributions

"Beginning after 2014, employers may want to consider revising their safe harbor notice to specify that the safe harbor contribution may be reduced or suspended and that a supplemental notice will be provided in such case. By making such revisions in the safe harbor notice, employers can avoid having to demonstrate that they are operating at economic loss should they desire to reduce or suspend their safe harbor contributions."

ERISA Does Not Preempt Post-Distribution Suit Against Beneficiaries

"Despite [waiving any benefits from the Plans, [his ex-spouse] never named a new beneficiary for either Plan. Accordingly, the administrator of the Plans determined that the proceeds of both Plans should be paid to Andochick, because Andochick remained the named beneficiary of the Plans.... Andochick argued that ERISA preempts the waivers embodied in the marital settlement agreement. The Fourth Circuit disagreed, finding that '[a]llowing post-distribution suits to enforce state-law waivers does nothing to interfere' with the core objectives of ERISA. Therefore, the Fourth Circuit determined that Andochick should be paid the benefits from the Plans, but that the decedent's estate could seek to recoup those benefit by enforcing the marital settlement agreement in state court.'"