For the 2020 tax year, the Internal Revenue Service (IRS) moved reporting of certain nonemployee compensation, including current and deferred compensation paid to independent contractors and corporate directors, from Form 1099-MISC to revived Form 1099-NEC (see our previous LawFlash). However, according to IRS Publication 1220, released on October 20, 2020,
ML BeneBits
EXAMINING A RANGE OF EMPLOYEE BENEFITS
AND EXECUTIVE COMPENSATION ISSUES
AND EXECUTIVE COMPENSATION ISSUES
When negotiating a service agreement there are many terms and conditions to be mindful of, but it’s important to review and consider the acceptance requirements.
As employers begin to consider returning to the workplace, options related to testing and vaccinations are top of mind. Related to potential home-testing options, our FDA team has published a LawFlash on the Food and Drug Administration’s (FDA’s) Emergency Use Authorizations (EUAs) for the first over-the-counter (OTC) COVID-19 test to be performed at home, the first OTC home sample collection kit for COVID-19 testing, and additional prescription at-home tests and sample collection kits.
The US Department of Labor (DOL) published three long-awaited pieces of sub-regulatory guidance on January 12 regarding the issues of missing participants and uncashed checks. Plan fiduciaries now have some clearer guideposts on their obligations in this area.
The ongoing effort to provide relief for troubled multiemployer pension plans took many twists and turns in 2020, and the year ended once again without an agreed-upon solution.
As we addressed in our recent LawFlash covering the Consolidated Appropriations Act, 2021 (Act), the Act includes several requirements to enhance group health plan transparency. One provision we wanted to further highlight relates to the new requirements to show compliance with the Mental Health Parity and Addiction Equity Act (Mental Health Parity).
Since 2012, US Department of Labor (DOL) regulations under ERISA Section 408(b)(2)—a statutory exemption from the ERISA prohibited transaction provisions—have required certain service providers to employer-sponsored retirement plans to make detailed disclosures about their services and related “direct” and “indirect” compensation to a “responsible plan fiduciary” of the plan.
The Consolidated Appropriations Act, 2021 was signed into law on December 27, 2020. Two of our recent LawFlash publications discuss the health and welfare provisions and the expansion of the employee retention credit, respectively. Read our discussions here:
Join Morgan Lewis this month for this program on employee benefits and executive compensation.
San Francisco voters on November 3 approved Proposition L, which imposes an additional tax on businesses whose highest paid executive makes 100 times or more than the median salary of the business’s employees based in San Francisco.