1071
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Will a merger or acquisition upend your 401(k) plan? Beware of ERISA entanglements and higher costs
October / November 2019
Newsletter: Employee Benefits Update
Price: $225.00, Subscriber Price: $157.50
Word count: 1071
Abstract: Companies contemplating buying another company, or a division of one, must assess and plan for the impact on their 401(k) plan, and that of the company they’re acquiring, before pulling the trigger. The same applies for companies on the receiving end of an acquisition (though they might not be able to do as much if they’re the acquisition target). This article reviews the important decisions that companies must make regarding 401(k) plans when part of a merger or acquisition. A short sidebar reviews two ways to merge 401(k) plans.
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Same-sex discrimination cases pose added challenges
January / February 2013
Newsletter: Employment Law Briefing
Price: $225.00, Subscriber Price: $157.50
Word count: 1071
Abstract: Even under the most clear-cut circumstances, dealing with sexual harassment allegations poses challenges for employers. When same-sex discrimination is involved, however, the challenges are often compounded. This article discusses a case involving a worker who quit when he believed his employer was insufficiently responsive to his allegations of sexual harassment by a same-sex co-worker. The article also describes a test the Supreme Court adopted in 1998 to be used in same-sex cases, and why the Sixth Circuit ruled against the plaintiff in this present-day instance. A sidebar looks at the 1998 case. Citations: Wasek v. Arrow Energy Services, Inc., No. 10-2418, June 20, 2012 (6th Cir.). Oncale v. Sundowner Offshore Services, Inc., No. 96-568, March 4, 1998 (Supreme Court). Redd v. New York State Division of Parole, No. 10-1410-cv, May 4, 2012 (2nd Cir.)
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Medical practice valuations may have dangerous side effects
May / June 2012
Newsletter: Valuation & Litigation Briefing / Litigation & Valuation Report
Price: $225.00, Subscriber Price: $157.50
Word count: 1071
Abstract: The complex regulatory regime that governs health care relationships and transactions has a big impact on the valuation process — especially when a medical practice is being valued prior to sale. Concepts such as fair market value (FMV) and “commercial reasonableness” are critical to compliance with federal regulations. As a result, considerations of investment value or strategic value, which are common in other industries, may be inappropriate in the health care arena. This article shows how to correctly apply the income, market and asset approaches for a medical practice valuation, while a sidebar explains how a valuation serves as a powerful tool for diagnosing potential compliance issues.
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Worker status: What you decide may cost you
June / July 2011
Newsletter: Nonprofit Agendas
Price: $225.00, Subscriber Price: $157.50
Word count: 1071
Abstract: According to the IRS, the misclassification of workers as independent contractors (rather than employees) accounts for $53 billion to $300 billion in unpaid taxes each year. As a result, the agency has been zeroing in on misclassification as a revenue raiser. And, since it’s found that it’s more difficult to collect from independent contractors, it tends to favor employee status. This article discusses some of the most important factors the IRS uses in making the determination, and what employers can do if they’re unsure of their compliance. A sidebar explains the importance of keeping good records on employees and independent contractors.
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Defective by design – Weighing the ins and outs of income defective and estate defective trusts
June / July 2009
Newsletter: Insight on Estate Planning
Price: $225.00, Subscriber Price: $157.50
Word count: 1071
Abstract: For decades estate planning has focused on avoiding or minimizing federal estate, gift and generation-skipping transfer taxes. But now that the federal estate tax exemption has climbed to $3.5 million, fewer people are subject to federal estate tax, and income tax has taken on a more significant role. If you’re among those for whom estate tax has become less of a concern, it’s a good idea to review your situation and consider such estate planning strategies as income defective trusts and estate defective trusts.